Most Important Differences Between Lock

Most Important Differences between Lock-Out and Lay-Off are
as follows:
Lock-out:
1. Section 2(l) defines Lock-out.
2. Lock-out means the temporary closing of a place of employment.
3. In Lock-out, the establishment is completely closed.
4. Generally, the causes of lock-out lie political, disturbances with trade union leaders, rigid policies of
management, etc., besides economic problems.
5. Payment of compensation to workers depends upon various factors viz. legal or illegal lock-outs, justified
or unjustified.
6. Generally, lock-out is declared by employer in answer to strike.
7. Lock-out is applicable to entire industry
or to entire department of that industry.
Lay-Off:
1. Sec. 2 (kkk) defines Lay-off.
2. Lay-off means the failure, refusal or inability of an employer on account of shortage of raw materials,
shortage of power, excess of finished goods, no market demand for finished products etc.
3. Lay-off occurs while the establishment is continuing operation.
4. In lay-off, the employer is unable to provide employment to one or more workmen due to several reasons
generally genuine and owe to economic factors, viz. shortage of coal, raw materials, excess production,
shortage of electricity, break-down of machinery, Government policy, no-demand of the finished products in
the market, shortage of finance, shortage of space in the storage, etc.
5. Compensation shall be paid to the workers laid-off.
6. Generally, employer declares lay-off under certain genuine circumstances.
7. Lay-off may be applicable to a group of workers or to entire workers, or to the workers to one shift, or
some shifts, under certain circumstances.
The difference between full time, part time,

casual and temporary employees
Employingstaffcanbeaminefieldevenforthebestofus!Oneoftheconfusingaspectscanbe
understandingthedifferencebetweenemploymentstatusesandwhateachonecanmeanforyour
employees.Todaysblogwillhopefullyshinesomelightofthetopic.
Employment Statuses
There are four employment statuses to choose from:
Permanent Full Time
Permanent Part Time
Casual
Temporary
Here is an explanation of each employment status:
Permanent Full Time Employee

Full time employees have been employed on an ongoing basis for an average
maximum of 38 ordinary hours per week. They are entitled to:
Annual leave
Personal leave
Public holidays
Parental leave
Long service leave
Superannuation guarantee
Period of notice if job is terminated
Permanent Part Time Employee

Part time employees work less than 38 hours per week but these are usually set
hours and/or days. They are entitled to:
Annual leave
Personal leave
Public holidays
Parental leave
Long service leave
Period of notice if job is terminated
Casual Employee
Casual employees do not have regular work hours and are not guaranteed to get
regular work. They are paid for the hours worked and receive a loading (usually
25% but you must check the relevant award as this can vary) to compensate
them for not receiving the same benefits as full or part time workers. Casuals can
be entitled to penalty rates, loadings and allowances again check your award
for further details. Casuals are entitled to:
2 days unpaid carers leave per occasion
2 days compassionate leave per occasion
Community service leave (except paid jury service)
Unpaid parental leave
2 days unpaid adoption leave
A day off on public holidays unless a work day has been arranged between
the worker and the employer
A maximum of 38 hours per week, plus reasonable additional hours
After a period of regular employment across 12 months (and if the position

is to continue), casuals are entitled to flexible working hours and parental
leave
Casuals may also be entitled to long service leave and paid parental leave
Temporary Employee
Temporary employees are engaged for a specific period of time either via a fixed
term contract or to assist in a particular project which has an end date. These
employees are also considered to be temporary if they replace permanent
employees who may have taken long service leave, parental leave or who are
injured. Workers engaged via an agency would also be classified as temporary.

Temporary employees are eligible for the same entitlements as described above
depending on whether they are employed on a full time, part time or casual
basis.
More information about this topic can be found on the Fairwork website.
I hope you now have a clearer understanding of the difference between the 4
employment statuses than you did before! This is a very basic description of
employment statuses. For more specific information related to your industry and
employees, please refer to youraward.
erspective of Labour Law in Bangladesh: Advocate Wasim Khalil

inShare
Introduction
Labour Law means those rules & customs of state by which the relation of
employer Labour is regulated in order to secure peace in the Industrial arena.
The modern Labour law is compiled by the state. In the eye of Labour law, the
capital & the labour both are equally important. In modern time, the basic
purpose of labour law is to create exclusive relation between capital & labour.
Ther were many labour laws in previous but now it has only labour laws in
Bangladesh. Which name is Bangladesh labour Code, 2006. The Bangladesh
labour code is one of the very recent laws with major overhauling changes in the
filed of labour legislation. The law governing labour relations is one of the
centrally important branches of the law the legal basis on which the very large
majority of the people earn their living. The level of the wages-nominal or real
which is the vital issue can only be marginally influenced by legal rules and
institutions. Marginal influence of the law on the peoples welfare depends on the
products of peoples labour which in turn in very large extent the result of
technical development. In the second place, it depends on the forces of the
labour market on which the law has only a marginal (tough not a negligible)
influence and thirdly on the degree of effective organization of the workers in
trade union to which the law can again make only a modest contribution[1].
Labour law concerns the inequality of bargaining power between employers and
workers. Labour law (or labor, or employment law) is the body of laws,
administrative rulings, and precedents which address the legal rights of, and
restrictions on, working people and their organizations. As such, it mediates
many aspects of the relationship between trade unions, employers and
employees. In Canada, employment laws related to unionized workplaces are
differentiated from those relating to particular individuals. In most countries
however, no such distinction is made. However, there are two broad categories
of labour law. First, collective labour law relates to the tripartite relationship
between employee, employer and union. Second, individual labour law concerns
employees rights at work and through the contract for work. The labour
movement has been instrumental in the enacting of laws protecting labour
rights in the 19th and 20th centuries. Labour rights have been integral to the
social and economic development since the industrial revolution[2].
Law is a technique for the regulation of social power. This is true of labour law as
it is of other aspects of my legal system. Power the capacity effectively to direct
the behaviour of others- is on evenly distributed in all societies. There can be no
society without subordination of some of its members to others, without
command and obedience, without rule maker and decisions makers. The power
to make policy, to make rules and make decisions and to ensure that those are
obeyed is a social power. It is same supported and sometimes restrained and
sometimes even created by the law but the law is not the principal source of
social power.
Purpose of labour laws

Labour law is chiefly concerned with this elementary phenomenon of social
power. And this is important it is concerned with social power irrespective of
the share which the law itself has had in establishing it. As a social phenomenon
the power to command and the subjection to that power are the same no matter
whether the power is exercised by a person by public function or by a private
person, an employer, a trade official. The subordination to power and the nature
of obedience do not differ as between purely social or private and legal or
public relations. It is a profound error to establish a contract between society
and the state and to dee one in terms co-ordination, the other in terms of
subordination. As regard labour relations, that error is fatal. In the society, there
is unequal distribution of power but view of society about individual as equal.
The law does and to some extent must conceal the realities of subordination
behind the conceptual scream of contracts considered as concluded between
equals.
The principal purpose of labour law, is to regulate, to support and to restrain the
power of management and power of organized labour. These are abstraction. In
their original meanings the words, management and labour denoted not
persons, but activities to plan and to regulate production and distribution, to coordinate capital and labour in the one hand, the activity to produce and to
distribute on the other. But even if, by new common twist of language,
management and labour are used to denote not activities but the people who
exercise them, they remain abstractions. The word management is always
used to identify the individual or corporate body who in a give situation wields
that power to define policy, to make rules and above all decisions, through
whose exercise management manifests itself to those who are its subordinates.
To manage means to command. The ambiguity of the terms management and
labour if applied to persons rather than to activities is important that it means
the relation between managers and those subject to managerial power.To gauge
the distribution of managerial power and to identify its location is not always an
easy task. To trace the distribution of managerial power is a difficult task in any
given society, no less difficult where the means of production are publicly owned
than where they are privately owned. To find who has power our the side of
labour is equally difficult.The individual employer represents an accumulation of
material and human resources, socially speaking the enterprise is itself in
Collective Power. If a collection of workers negotiate with an employer, this is a
negotiation between collective entities, both of which are, or may at least be,
bearers of power. But the relation between an employer and an isolated
employee or worker is typically a relation between a bearer of power and one
who is not a bearer of power.
The main object of labour law has always been to counteract the inequality of
bargaining power which is inherent and must be inherent in the employment
relationship There can be no employment relationship without a power to
command and a duty to obey. But the power to command and the duty to obey
can be regulated. The characteristic feature of the employment relation is the
individual worker is subordinated to the power of management but that the

power of management is co-ordinate with that of organized labour. The
regulation of labour results from combination of those agreed between him or his
association and the union through collective bargaining.In the formulation of the
rules which regulate the relations between employers and workers the common
law has played a minor role. The courts have had a share, but only a small share
in their evolution. For this there are number of reasons:
(a) The rules and principles in which we are interested are designed to govern
the normal typical behavior at the parties. The rules which are needed in labour
relations must word ex ante. They must direct people what to do or nit to do,
before and not after they have acted, Case law operates ex-port, it does
establish rules but not before something has gone wrong.
(b) The law is expected to have a share in the regulatior of normal behavior in
relations between employers and employed.
(c) Rules governing labour relations are an attempt to mitigate the
disequilibrium inherent in the employment relation[3].
Object of labour legislation:
Any enlightened state would intervene in the conduct of industry and impose
statutory,obligations mostly in the employers and also to a lesser degree on
theworkers in order to maintain industrial peace and good relation between
management and workers and to secure to latter better working condition a
minimum wage compensation in case of accident medical facilities, provision for
future etc.The object of labour legislation is two fold, namely1. to improve the senile conditions of industrial labour so as to provid for them
the ordinal amenities of life, and by that process.
2. to bring about industrial peace which could in its turn accelerate production
activity of the country resulting in its prosperity.
Labour has a vital role in increasing productivity, and management has to help
create condition in which workers can make their maximum contribution towards
this objective. In free India, the labour movement and the trade unions should be
in a position to assume larger responsibilities one of the main tasks in the five
year plans is to evolve practical ways in which they can make an increasing
contribution to national development and national policy. The growth of the
public sector provides opportunities for working out new concepts of labour
relations and the association of labour in management of industry[4].
Labour Laws in Bangladesh before ,2006
The present shape of labour law has not been evolved by one day. It has been
evolved day by day . The practice of labour law was started for the first time in
ancient Rome. For the first time in Rome,the charge of several professionals like:
artist, doctor, animal farmer, were fixed. Then after thousands of year the
present shape of law has evolved.The first effective Labour Legislation in this
sub-continent is the Indian Factories Act, 1881. The act was passed on the basis
oa a report of Major Moore inspector-in-chief of the Bombay Cotton Department
in 1872-73. It was major Moore who, for the first time suggested for provisions in
the legislature to regulate the working conditions in factories. After submission of
the said report vis--vis on the pressure of the Merchants and moll-owners of UK
the Factories Bill for India was placed in the British Parliament in 1874. The cause
behind the etageres of the merchants of Lancashire for industrial laws in India
was that they could make less profits than other British mill-owners who
established mills and factories in Bengal or Bombay in India. Since raw materials
and labour were cheaper in the sub-continent the merchants of Lancashire Millowners Association with a view to put some restrictions upon the working hours
and service conditions in the Indian factories managed to place the bill and the
Indian Factories Act, 1881 (Act No XV of 1881)was passed. The Indian Factories
Act, 1881 applied to manufacturing establishments using mechanical power and
employing 100 or more persons. Plantation industries were exempted from
operation if the Act. Although provisions of the Act were far from satisfactory yet
those, as the basement of factory legislation, played an important role in the
field of labour and industrial legislation in the Sub-continent.The Act for the first
time limited working hours of women workers to eleven hours a day. The age for
employment of children in factories under age of seven year was prohibited. A
weekly holiday for children was introduced and a restriction was imposed upon
works of children at night.
After a lapse of 10 years the Indian Factories Act, 1881 was repealed by the
Indian Factories Act, 1891 (Act XI of 1891). The British Government appointed a
commission for India in 1890 who submitted report to the Government
suggesting enactment of a new law. In the basis of the report of the commission
the Factories Act, 1891 was passed, It applied to all factories employing 50
persons and using power, minimum age for employment of children was fixed at
9 years. Working hours of children was limited to 7 hours a day with half an hour
rest. Working hours for women was restricted at 11 hours with 1-1/2 hours rest.
Male workers were also provided a weekly rest. Half an hour rest in a day for
male workers was also provided for in the Act.The Factories Act 1891 was again
repealed and replaced in 1911 by the Indian Factories Act, 1911 (Act XII of 1911).
The Act put restrictions upon daily works of male persons. An adult male workers
maximum hours of work was fixed at 12 hours and that of children at 6 yours a
day in textile industries. Seasonal factories were brought to the ambit of factory
laws. The Act contained extensive provisions for health and safety and effective
inspection of the administration of the factories.Establishment of the
International Labour Organization ILO in 1919 is an epoch making event in the
history of Labour legislation. British India as a member country of the ILO
amended the Factory Law in 1922. By the amendments, all Industrial
undertakings using mechanical power and employing 20 or more persons were
brought under the Act. Hours of work irrespective of gender were fixed at
maximum 9 hour a day and 60 hours a week. One hour rest was granted to
workers, for works exceeding 6 hours. Minimum age of children for work was
fixed at 12. Payment at a rate of 1-1/2 times of normal wages was provided for
overtime work. Employment of women and children under 18 years of age were
prohibited in dangerous process. The Factories Act 1911 underwent some
amendments in 1922,1926 and 1931 and finally the Act was repealed and
replaced in 1934.The Royal Commission on Labour was appointed by his Majesty
the King Emperor in 1929 to enquire into and report on the existing conditions of
labour in industrial undertakings and plantations in British India in the health,
hygiene efficiency and standard of living of the workers and on the relations
between the employer and the employed and to make recommendations. The
commission examined the above aspects and submitted report in 1931. The
commission in its reports interalia, made several important suggestions for
amending of the factories Act. employer and the employed and to make
recommendations. The commission examined the above aspects and submitted
report in 1931.The commission in its reports interalia, made several important
suggestions for amending of the Factories Act.Mainly in the basis of the
recommendations of the Royal Commission on labour the Factories Act, 1891 was
repealed and altogether a new and comprehensive Act viz, the Factories Act,
1934 (XXV of 1934) was passed . The major objects of the Act was to reduce the
hours of work,improve working conditions provide adequate inspection etc. The
Factories Act, 1934 covered all manufacturing establishments and using power
and employing 20 or more persons. Seasonal and perennial factories were
distinguished, 54 hours of work per week and 10 hour works a day in perennial
factories for adults and 60 hours per week in seasonal factories were provided.
Hours of work of children was reduced. New category of worker named
adolescent workers was introduced Certificate of fitness for employment of
child worker was made compulsory. Double employment of children was
prohibited. Restriction was imposed upon right work of women and children.
Payment of overtime allowance@1-1/2 times of ordinary rate of wages retained.
Provisions for health and safety have been amplified. Contravention of any of the
provisions were made punishable, Minor changes in the Factories Act 1934 was
made by amending the Act in 1937, 1940,1941,1944,1945 and in 1946.
During the Pakistan regime the Factories Act, 1934 continued up to1965. The
then East Pakistan Assembly repeated the said Act and in its place re-enact the
same and passed the East Pakistan Factories Act,1965 (Act IV of 1965) The Act
was passed in the Assembly on the 5th August, 1965 and was published in the
Gazette dated 1st September,1965.After liberation of Bangladesh on the
26th March,1971 the Act remained in force. No major change in the Act has yet
been made[5]. The laws which this Code has replaced were made mostly during
the British Colonial regime and Pakistan period and they were as many as 50 in
number. In many cases these laws were outdated, scattered, inconsistent and
often overlapping each other. In 1992 a Labour Law Commission was formed by
the Government of the day which examined 44 labour laws and recommended to
repeal 27 laws and it prepared a draft Labour Code in 1994. This draft of Labour
Code,1994 underwent series of changes in its vetting stages and finally the
Bangladesh Labour Code 2006 was passed by the Parliament on October
11,2006.The Bangladesh Labour Code 2006 is one of the very recent laws with
major overhauling changes in the field of labour legislation.
LAW AND CHANGE
Role of law in the society bears relationship between law and social change in
view of its funchions as new modes for change, lags an way to development and
inducer ndevice to bring about social changes etc.While some progress in the
thinking process individually about social study of law and comparative law have
been achieved the same as regards their inter relationships have not progressed
upto expectation despite an appreciable amount of research in the area,
possible, because of the inadequate, availability of trained expertise in the fields
of law and social sciences non-availability of research techniques and tools in
normative systems e.g. law, too much concern for social control aspect of law
and a little study of law in the social contexts.Study of some basic concepts, and
then, in this connection the changer modes affecting the relationship of law and
social change, comparative law, policy study development approach to law
making etc. may definitely lay-open some central issues to unite the implications
as to the understanding of the trend of role of law and social change in the
modern societies.Comparative study of law by its insight into the existing
systems and practices of problems and solvetion of life and living of different
societies provides the research methodologies and the basic processes of
approaches to the study of law and society. This way the background and
perspective to many legal systems may be easily brought to the confines of
comprehension which would otherwise appear apparently as unmeaningful or
little meaningful when viewed as being isolated from their social systems as a
whole.
In developed societies there are three main or any to bring about changes in law
e.g, legislature, judiciary and executive. On exacts law, another interprets while
the other enforces it. In many primitive societies such differentiation of legal
functionaries is less developed and there all the above processes of law are
exercised and handled by the same body or left to the discretion of the family.
But what many be the appearance and formation of the functionaries i.e, the
processes as are performed distinctly to some extent and the changes in law
occur. Social change and changes in law are interacting processes in all societies.
Social study as well as comparative study of law may open up new directions to
social problems and their solutions. Dynamic technological culture of the modern
societies depends largely on the pursuit of statesmen, lawyers, social scientists
and their skills and abilities for better smoother harmony in the life and living of
people as social human beings[6].
Labour law in present:
The British colonial regime and Pakistan period there were many labour laws. In
many case these laws were some words like worker were outdated, scattered,
inconsistent and other employee owner employer etc had different
overlapping each other meanings under different laws. As a result sometime
many problem. So in 1992 a labour law commission was formed by the
government of the day which examined 44 labour laws and recommended to

repeal 27 laws and it prepared a draft labour code in 1994. This draft of labour
code ,1994 under went series of changes in its vetting stages and finally the
Bangladesh labour code 2006 was passed by the Parliament on October 11,2006.
The Bangladesh labour code 2006 is one of very recent laws with major
overhauling changes in the field of labour legislation. Section 353 of the code has
repealed 25 previous labour related laws. The following laws are here by
repealed.
1. The workmens compensation Act, 1923 (VIII of 1923)
2. The children (pleading of labour) Act, 1933 (II of 1933)
3. The workmens protection Act, 1934 (IV of 1935)
4. The Dock labourers Act, 1934(XIX of 1934)
5. The payment of wages Act, 1936(IV of 1936)
6. The employers liability Act, 1938(XXVI of 1938)
7. The Employment of children Act, 1938(XXVI of 1938)
8. The Maternity Benefit Act,1939(IV of 1939)
9. The Mires Maternity Benefit Act,1941(XIX of 1941)
10. The Motor Vehicles (Drivers) Ordinance,1942(V of 1942)
11. The Maternity Benefit (Tea Estate) Act, 1950 (xx of 1950 )
12. The Employment (Records of service ) Act, 1951 (XIX of1952)
13. The Bangladesh plantation Employees provident Fund ordinance, 1959(XXXI
of 1959)
14. The coal Mines (Fixation of Rates of wages) ordinance,1960 (XXXIX of 1961)
15. The Road Transport workers ordinance , 1961 (XXVII of 1961)
16. The Minimum wages ordinance ,1961(XXXIV of 1962)
17. The plantation labour ordinance ,1962(XXIX of 1962)
18. The Apprenticeship ordinance,1962(IVI of 1962)
19. The Factories Act, 1965(IV of 1965)
20. The shops and Establishment Act, 1965(VII of 1965)
21. The Employment of labour (standing orders) Act, 1965 (VII of 1965)
22. The companies profits ( workers participation) Act, 1968 (XII of 1968)
23. The industrial Relations ordinance, 1969(XXII 1969)

24. The newspaper employees (condition of service) Act, 1974(XXX of 1974)
25. The Dock workers (Regulation of Employment) Act, 1980 (XVII of 1980)[7]
There are still 25 valid laws dealing with labour and industrial issues have not
been repealed or consolidated and as such the Bangladesh labour code, 2006
although a consolidated act has nor consolidated all the laws in the filed.
Furthermore, although the name of the law is Bangladesh labour code, in fact, it
is not a code rather a consolidating legislation only.
1. Prior to the promulgation of the Bangladesh Labor Law 2006, the total
number of Acts and Ordinances in this field was fifty, of which:
15 were enacted during the British regime
23 were enacted during the Pakistan regime, and
12 were passed after the independence of Bangladesh
2. In accordance with the ratified ILO conventions and with a view to creating a
constructive environment, for the elimination of the imbalances that prevailed in
the issues regarding development of congenial relations between workers and
employers, information about existing labor and industrial laws were sought from
concerned stakeholders, of both home and abroad. Increase of productivity, the
enhancement of favorable environment for investment, the acceleration of
industrialization in the context of the changed environment during the post
independence period, were also studied.
3. To meet the aforesaid demand, the government formed a National Labor Law
Commission in 1992, with a view to enacting a modern, up dated and united
labor law, headed by Justice Mohammad Abdul Quddus Chowdhury, along with
37 other members representing every concerned quarter.
4. After two years of exhaustive study, the Commission submitted its report
along with a draft of the unified modern and updated labor law in 1994.
5.Subsequently, the draft was reviewed by ILO and numerous Employers and
Workers Associations and other human rights organizations in phases for the last
twelve years, and at last it was promulgated on the 11th of October 2006 as
Bangladesh Labor Law 2006 under the consensus of all the parties concerned.
6. The salient features of the newly promulgated law are as follows:
One single modern updated code instead of the 25 scattered Acts and
Ordinances
There are 354 sections in 21 different chapters in the Law
The scope and applicability of the law has been extended and definitions of
different terms have been clarified. Ambiguity regarding the age limit of a child
has been eliminated. According to this law any person below the age of 14 shall
be treated as a child.
The issuance of an appointment letter and the Identity card for a worker has
been made compulsory.
Death benefits have been provided for even cases of normal deaths or in cases
of any deaths due to causes other than accidents during the continuance of the
service.
The usual retirement age has been scheduled at 57 and at that time the worker
shall be entitled to get all the benefits as are applicable under this law. Even the
case of a workers voluntary retirement, after his continuous service of 25 years
2 with his employer, is also a subject which will come under this retirement
benefit.
Child labor is prohibited even in non-hazardous regular work in an
establishment. Appointment of adolescent and female workers is prohibited
during the nights and in dangerous occupations.
Maternity benefits have been increased to 16 weeks and the qualifying service
length has been decreased to six months, but this benefit is limited only up to
the birth of two living infants.
Special importance is given on occupational health and safety and working
environment. There are 78 sections exclusively on it out of a total of 354 sections
in the law.
Maintenance and preservation of safety record books and introduction of group
insurances have been provided for.
Time limits for payment of wages have been determined and a provision has
been made to realize the unpaid wages through the court.
Provisions have been made for the declaration of sector wise minimum wage
rates after an interval of every five years.
Amount of compensations in cases of death or injury because of accidents at
the workplace has been increased. For deaths, the amount of compensation has
been ascertained at Taka. 100000.00 per worker and for a permanent total
disability, the amount fixed is Taka 125000.00 per worker. In case of an accident
that may happen due to employers negligence, the compensation amount shall
be double.
No one, other than those in the pay-roll of the employer, shall be the member
or
officer of an establishment based basic trade union.
The purview of unfair labor practices on the part of the workers, employers or
the trade unions has been extended.
Determination of CBA from amongst the establishment based basic trade
unions has been made easier and the period of such determination has been
fixed within a time frame of 120 days.
Industrial or craft Federations of trade unions, under certain conditions, have
been given the jurisdiction to act as CBA
Provisions have been made to form compulsorily participation committees in
every establishment where 50 or more permanent workers are engaged.
Labor courts shall be the only courts to adjudicate all issues under labor law
and all appeals shall lie to the labor appellate tribunal
Time has been fixed for the adjudication of each and every stage of the cases
in the labor court to accelerate the procedure
Only the workers employed in an establishment, irrespective of their
designation and wage scale are entitled to get the benefits of the participation
fund and the welfare fund developed out of the profit of the company.
Provisions for provident funds have been made for the establishments run
under the private management 3
The punishments for the breach of the provisions of the labor law have been
revised appropriately. Imprisonment has also been provided for along with fines
A provision has been made to form a National Industrial health and safety
council to enact the national policy to ensure the occupational health and safety
at the enterprise level.
Provision has been made for the strict implementation of the Equal pay for
equal amount of work policy of ILO convention
Any discrimination or indecent behavior towards female workers has been
prohibited under the new law.
Sick Leave: 14 days sick leave with full average wages have been provided, in
the new Labor Law. In previous laws sick leaves were paid for half average
wages.
Annual leave with wages: For adults one day for every 18 (eighteen) days of
work performed by him/her during the previous period of twelve months. And for
adolescents one day for every 15 days of work performed by him/her during the
previous period of 12 months.
Festival Leave: Every worker shall be entitled to eleven days festival leaves in
a calendar year. The Employer shall fix the days and dates of such leaves.
Children Room: A children room for every 40 female workers having their
children below the age of 6 years have been provided by the law. Previously it
was provided for every 50 female workers.
Termination of employment by the worker: A permanent worker may
terminate the employment serving a 30 days notice to the employer and a
temporary worker may terminate it serving a notice of 30 and 14 days case wise.
In lieu of the notice, the worker can even terminate the employment returning
the wages for that period.
Grievance Procedure: Limitation for the application of grievance has
been
extended to a period of 30 days, though previously it was 15 days
only.
Fitness certificate: Previously a fitness certificate was issued by the District
civil surgeon but now it is to be issued by any registered physician at the cost of
the employers.
Training on the labor law: Arrangements for training on law was never
provided for but now in this new law, training arrangement is made compulsory
for the laborers. The worker participating in the training program shall be
deemed to be in his or her official duty during continuance of such training. This
unified law is applicable with equal force to all the industrial and commercial
establishment as previous Shops and Establishment Act-1965 and other labour
laws has been abrogated by the promulgation of this new labour code[8].
Applicable of Bangladesh labour code, 2006According to the Bangladesh labour code, 2006 see-1(3) defines save as other
wise specified close where in this code, it shall apply to the whole of Bangladesh.
And According to see-1(4) defines, Hot with standing anything contained in subsection (3), this code shall not apply to1. offices of or under the government
2. Society printing press.
3. Ordinance factories.
4. Establishments for the interment or care of the sick, inform aged,
distillate , mortally deranged, orphan abandoned worn an or child or
widow which are not run for profit or gains.
5. Shops or stalls in any public exhibition or show in so far as such shops or
stalls deal in retail trade which is solely subsidiary or ancillary to the main
purpose of such exhibition or show.
6. Shops or stalls in any public fair or bazaar held for religious or charitable
purpose;
7. Educational, training or research institutions;
8. Hostels and messes not maintained for profit or gain;
9. In respect of Chapter-II, any shop or commercial or industrial
establishment owned and directly managed by the Government where the
workers are governed by the Government Conduct Rules.
10.Workers whose recruitments and conditions of service are governed by
laws or roles made under Articles 62, 79, 113 or 133 of the Constitution,
except, for the purposes of Chapters Twelve, Thirteen and Fourteen,
workers employed by the
1. Railway Department;
2. Telephone, Telegraph and Postal Departments;
3. Public Works Department;
4. Public Health Engineering Department;
5. Bangladesh Government Press.
11.workers employed in any establishment referred to in clauses (b), (c), (d),
(e), (f), (g) and (h), except, for the purposes of Chapters Twelve, Thirteen
And Fourteen, workers other than teachers, employed by any university;
11.seamen, except for the purposes of Chapters Twelve, Thirteen and
Fourteen.
11.Ocean going vessels, except for the purposes Chapter Sixteen.
11.Agricultural farms where less than ten workers are normally employed;
11.Domestic servants; and
16.Establishments run by owners with the aid of family members and without
employing workers for wages.[9]
Change in the Bangladesh Labour Act,2006 compare to previous Act
Previous Act
Change in Bangladesh Labour

Act,2006
1. There were total 700 sections

of 25 labour Act in which 10
labour Act were existing since
British period and 15 Labour Act
exist since Pakistan period.
1. There was made correction in 25

different aets and as much possible
make it unifying to prepare a full Act
incluking 21 chapters and 354
sections. Here removed all the
oobscure and inconsistence and

bring all the dections in a place. The
Act is simple ande perfect timing.
2. Industria ! Ordinance, 1969 do 2. Section-2 (32) defines the Group
not provide any definition about of Establishment clearly. Under
Group of establishment.
section 183 there have act about to
make the Trade union in the group
of establishment.
3. Shops and Establishment
Act,1965, section 2 (Ta) defines
Industrial establishment, but it
is not clear.
3.Section 2 (61) defines the

Industrial Establishment elearly.
4. Here, total 8 Labour Act

decide the age of children
between 12-16. it is
inconsistence.
4. According to ILO Convention 138

by combining different age of
children from different Act it is said
in section-2 (63) Those have not
hashed in age 14 are children.
According to Section-34(1)- Children
should not employed in any work or
institution.
5. In present, there have

provision to provide the
appointment letter only
according to section 3(3) of Road
Transport Workers Ordinance,
1961 and section 4 of the
Newspaper Employees
(Conditions of Service) Act,
1974. There have no any
compulsory rule to provide
appointment letter to any
workers in any other sectors in
any industry by the authority.
5. To make the contract of the job

strong and legal, it is compulsory to
provide the appointment letter to all
the employees under section 5.
6. There have a provision to

diction the Service book
according to decided way
according to the section 3 and 4
of The Employment (Record of
Service) Rules, 1957.But there
have no any provision to write
down the mothers name and
where appreciable
6. According to section-6, it is
compulsory for the employers to
maintain a service book for all the
employees except under training,
transferring or temporary workers.
According to Section-7(2) there
have a provision to write down the
fathers name and mothers name
and husband /wifes name where
husband/wifes name where

applicable along employees
name
applicable after the employees

name.It is necessary for labour,
Iwner and Government.
7. Provide Monetary benefit for

death-in present there have no
any provision in the Act.
7. According to section-19, there

have a provision to provide the
monetary benefit to the nominee of
the death employee if
This is a new law of
social security of the employees.
8.Termination of service by
Employee According the
Employment of labour (standing
Order) Act 1965, section19(2)
employee ..by giving
notice. But in that case, he will
have no right to get any
compensation from the
authority.
8.In section-27,it is stated that, by

providing a notice from employee or
return the wages of that period inin
lien of giving notice to the
employer, employee can terminate
his job.There have a provision that
any permanent worker like above
have ehanec to get the
compensation.
9.Retire from the service of the

employee- There have no any
provision like this in any Act.
9.When employee become 57 years

old then he will retire from the job
naturally. But if the authority thinks
him fit then they can appoint him as
a contractual basis-there is a
provision about it in section 28. It is
a new provision.
10.Final period of payment of

wages of the employee- In
present there have no any act to
decide the time period.
10.There is a new section-30 which

stated that; employer should pay
the final wages to the employee
maximum 30 working days after his
termination.
11.Right and amount of the

Maternity benefit-In present laws
provide 6+6=12 weeks for the
vacation and period of wages as
the maternity benefit. The
benefit is not limited with the
number of children.It is against
the population control policy of
the government.
11.According to the last ILO

conventionit is decide to provide the
maternity benefit for women
employee 8+8=16 weeks for
which make a new section -46.And
to cope with Countrys population
control policy this maternity benefit
is limited up to having two living
child. Section 2(34) is define the
Maternity Benefit. The subject is
very clear here.
Instead of previous nine months, in

present any women women worker
can be able to get the maternity
benefit for working six months
under her employer.
12.To inform the authority about
dangerous Building and
Equipment-There is no any
provision about it in The Factory
Act, 1965.
12.The employees will inform their

employers immediately when
apparent any dangerous building or
equipment in their working place.
After informing if any employee
does accident- then the employer
will have to compensate him at the
double rate than natural- this is
stated in section 36 as a new
provision.
13.Wages for Overtime- Under

section 58 of The Factory Act,
1965, have a provision of
overtime wages. But it is not
clear.
13.In section 108 is stated clearly

about that wages that, overtime
wages will be provided at double
rate. There have no any scope of
wrong explanation.
14.Crook the employer property

to payment of wages- The
payment of wages Act, 1936
does not mentioned this topic
clearly and strongly.
14.A section -136 is prepared

including that Court will crook all
the property of the employer and
sell in auction to remove the
unsatisfactorily or to conform the
payment of wages of the
employees.
15.Compensation for death from

death from accident and for
disable According to the Fourth
schedule as a complementary of
the section-4 of labor
compensation Act,1923, there is
a provision to provide maximum
21,000 Tk in case of death and
provide 30,000 tk on condition in
case of permanent disable.
15.To upgrade the compensation

amount make section-151 wher Fifth
schedule stated that employer will
provided to employee maximum
1,00,000 tk in case of death and
maximum 1.25,000 tk on condition
in case of permanent
disable.Besides this, in section
15(8),it includes the temporary
employees who have in the
definition of the desirable
compensation owned employees.
16.In the section-6 of the
16.There is a new provision in the
present IRO-69 have no any

provision about to inform the
employer after being registered
in the trade union.
sub-section (3) under section-178abor director or any officer who get

some responsibility related of this
kind job, must inform his authority
along a copy (including the list of
the union) after being getting the
application to be registered in any
trade union from the employee of
that organization.
17.It is stated in the section-7(2)

of IRO-69, that if the -30 percent
employees are not member of
that institution then that
institution will not gave right to
register in the trade union.But
there has no any provision that
any institution will not be able to
have more than three trade
unions at the same time.
17. It is stated clearly in the section179(5), to discourage buildingt

more trade union and can not build
or register trade union taking the
weakness pount of the law-Any
establishment or group of
establishment can not poses more
than three trade union at the same
time.
18. According to sub-section-(1)

(kha) of section-7(2) of IRO
stated that- except the person
terminated by suspension any
ex- worker have right to be the
member or officer of trade union
of his establishment.
18. It is stated in sec-180, sub-sec

(1) (kha) that, if any person is not
working in the establishment at
present than he has no right to be
the member or officer of the trade
union.Moreover, if any officer of the
trade union involved in any kind of
illegal strike them he will be
disqualified or the next period. It will
have a positive impact on the basic
trade union of the establishment
and the Industrial relative sectors.
19. There has no any provision

in the section -8 of IRO-69 about
appeal in the High Court by the
register against any judgment of
the labour court on the trade
union registration.
19. There is a provision in the subsection (6) of section-182, which

labour director can appeal in the
labour Tribunal court against the
judgment of the labour Court in
favour of getting the permission of
the trade union registration within
30 days. It is a new provision.
20. It the present IRO-69 have

no any provision about the
20. It is mentioned in the sec-183(7)

that according to the policy of
building of trade union for group

of establishment and to select
the officers of its.
building the trade union for the

group of establishment can have
maximum one-fourth outsider
officers in the standing
committee.This is for the
betterment of the union.
21. At present in IRO-69

according to civil aviation has no
any different policy for building
the trade union.
21. The employees involve in the

expertise profession of the private
airlines can build separate trade
union for their own occupation
bided on certain conditions. It is a
new provision. It is explained in the
section184.
22. There has no any provision

to build trade union in IRO-69 for
Bangladeshi sailors who works in
the pelagic shop.
22. There is a new provision in the

sec-185 for the Bangladehi sailor of
the pelagic ship that they can build
only one trade union on some
conditions.
23. According to the diction-47kha of IRO-69 is stated that

without the permission of the
decretory or general geometry
of the trade union can not
transferred him in another place.
Repealed provisions of labour
law
23. there is a new provision in the

sec-185 that, without the
permission of the secretary, general
secretary, organizing seoretary and
treasure of the trade union can not
transfer him from one distriet to
another distriet. It is an extended
and clear Changes made in
Bangladesh labour law,2006.
24. Under section 15 of IRO-69,

unfair labour practices on part of
the employer are mentioned.
24. Section 195, entitled as unfair

labour practices on part of the
employer, has included some
additional actions that will also be
treated as unfair labour practices on
part of the employer. /they are:#
Delaying intentionally to take any
action as per the suggestion of the
participating committee.
# Failing to respond to any letter
received from the collective
bargaining agent regarding any
industrial controversy.
# Transferring the Chairman,
general secretary, organizing

secretary or treasurer of the union
by violating the provisions under
section 187.
# Illegal lock-out.

unfair labour practices on part of
the employees are mentioned.
25. Under section 196, unfair labour

praetices on part of the employers
have included some additional
actions:# Illegal lock-out or
adopting go-slow strategy.
# Besieging / Enelosing, hindering
transportation system and
destroying assets or establishments.

guidelines for electing the
collecting bargaining agent or
CBA of employees have been
mentioned But in many eases
these guidelines are not clear
and simple
26. Under section 202, provisions

for electing CBA are described in
details. Here the whole process is
mentioned in an easy and simple
manner. For accomplishing each
step time period is fixed up.If any
competing trade union receives less
than ten percent of the total vote in
the CBA election, its registration will
be cancelled automatically. This is a
new provision.
27. No trade union federation

federation is allowed to function
as CBA as per the IRO-69.
27. Under section 203, there is a

provision which has mentioned that
when a trade union under any
federation is the CBA, In those
cases as per some conditions that
BA can act on behalf of that trade
union.

participation committee shall be
constituted with equal number
of participants from employer
and workers. But the non-CBA
unions are not unclouded here.
28. As per diction 205,there is a

provision for constituting
participation committee. In the
process of nominating the members
of the committee from workers,
there are arrangements for unifying
those CBA and Non-CBA unions.

29. There is no provision for
implementing the suggestions of
participation committee in the
IRO-69
29. Under section-208 there is a

new provision entitled as
implementing the suggestions of
participation committee. For the
sake of cordial industrial
relationship it will help the
participation committee to function
effectively.
30. The mode of settlement of

industrial disputes has been
described in sections 26 to 31
of the IRO-69. It has stated
that negotiations related to
industrial disputes shall be
settled down through talks. But
there is no definite time limit
for advancing from one step to
the next one. So, there prevails
many more conflicts and lack
of transparency.
30. Under section 210. there is a

detailed provision for negotiating
industrial disputes. Here in each step
there is a time limit for negotiation.
So, the industrial disputes negotiation
process will work faster than before.
31. There is a provision for

declaring strike or lock-out
under section 32 of IRO-69. But
there is no provision for
applying to law court by the
dispute raising personnel
before going on strike and lockout.
31. Under section 211 the process of

declaring strike or lock-out has been
mentioned.It is a new as well as
advanced process. Before going to
strike or lock-out, the dispute raising
party and after the commencement
of the strike or dispute; any parties
relating to dispute can submit the
dispute to the law court.
Besides this, under a new sub-section

8 of the same section, it is stated that
if any new establishment is
established under the foreign or local
ownership or joint venture of these
two, strike or lock-out shall be
banned for three years for that
particular establishment. But other
provisions relating to negotiation of
industrial disputes shall no applicable
to them.
32. There is provision for

labour court, and the power,
proceeding and functions of
labour appellate tribunal under
the sections 35 to 38 in the
IRO-69.
32. From section 214 to 218 there are

provisions for labour court and labour
appellate tribunal.Here the authority
of labour court has been extended
and the indicial proceedings have
been made faster. Lengthy judicial
process, the prayer for extending
time period absence on the date of
hearing these complications can be
controlled.According to the present
law. The judicial pronouncement
regarding the payment of wages and
compensation; made by the labour
court shal be final. In these cades,
there is no chance to go to appellate
tribunal. But, ninety percent cases of
the labour court are of these types.
On the other hand, those cases which
are related to unkustrial dispute can
be appealed in the appellate tribunal
against the decision of labour court,
But, the number of these types of
cases is less than tin percent.
So, to have justified judicial result all
pronouncements, decisions, awards,
orders of the labour court have been
qualified for appealing in the
appellate tribunal. There is also a
provision of multi-bench for the
appellate court. All authority relating
to the supervision and controlling of
labour court have been handled to
appeal court.
33.Under sub-section 2(cha) in

The Companies Profits
(Workers Participation) Act,
1968 the definition of the
worker has been defined as
the following: The term
Worker will mean the
employee of an organization
the monthly basic salary of
whom is not more than nine
thousand and who is employed
in the organization not less
33. Under section 233 (1) (ja).

worker is defined as follows:In an
establishment worker means those
persons who is working in that
company for not less than six months
irrespective of his designation and
position in that company. But the
following persons shall not be
included in the definition of the
worker, persons who are:
(1)
Employed in a managerial or
than six months.
administrative capacity;
(2) Employed in a supervisory work
for his duties or for the powers given
to him; functions of administrative or
managerial nature That means to
define worker, the bindings on
minimum limit of wages has been
omitted.
34. In the existing labour law

two acts are there containing
the provisions for establishing
provident fund for workers of
tea garden and newspaper
industry. It is not mandatory for
other sectors to establish
provident fund for there
workers. But, only in the
Employment of lablour
(Standing Order) Act, 1965; it
is stated that; any worker, who
is a member of a provident
fund shall not be deprived from
its provident fund benefits
including employers
participation in it, if he is
entitled to receive it as per the
provisions of the fund.
34. In the existing Act, provident fund

provision has been extended. In case
of private sector establishments all
permanent employed workers shall
receive provident fund facilities and
there is a separate provision for
establishing, managing and
reservation of provident fund under
section 264 consisting 18 subsections. The provident fund will be
established as per the provisions of
the Government and the trustee
board will consist of equal
participants from both employer and
workers. But the chairman of such
committee shall be the
representative from government.
35. The provision for penalty,At

the end of each and every
exiting Act, there is a provision
for penalty. But in most of the
cases these are out of date and
impractical. Besides this, as
different provisions for penalty
are prevailing so, there is a
chance to charge different
degrees of penalty in case of
same level of offence or
violation of laws.
35. In the chapter 19, from

sections283 to 316, total 34 sections
are there entitled as Offence,
penalty and procedure. Here, these
provisions are combined and updated
which are appropriate at this
age.Here the rate of penalty has been
increased and adjusted according to
the level of offence. In most of the
cases, fine as well as imprisonment is
also imposed as penalty. Hopefully, it
will make everybody to reduce the
It is a social security provision for the

workers, within the indirect
supervision from the government;
this fund will remain secured, the
harassment of the workers will come
to an end and they will be facilitated.
rate of violation of laws.

36. In the exiting factory Act,
1965; under chapter 3- Health
provisions for workers chapter
4-Safety issues for workers and
establishment, chapter -7
employment of young persons,
chapter-9 several provisions for
safety precautions are stated
here.
Besides this, under schedule 3
of Compensation act, 1923 the
list of occupational diseases is
mentioned.
Under Section 5 of Dock

Workers Act, 1934 it is
described in detail that in
which sectors Government can
impose regulations to ensure
safety for the dock workers.
Besides this, whole Dock
workers Regulation is about
heath and professional safety
provisions.
36. To ensure enhanced and complex

safety measures of establishments,
maintain a healthy environment and
prepare guidelines for
implementation of those guidelines
under section 323-there is a provision
to form a highly powerful committee
entitled as National Industry Health
and Safety Council.The honorable
minister of labour and Employment
Ministry will be the chairman of that
council by virtue of his position, To
ensure female representation in that
council, it was mandatory for the
employers and workers
representative institutions to include
at least one female representative in
their seven members group.
It is a new and updated proposal.
In spite of all those above

mentioned provisions, there is
no provision to form a highly
powerful decision making
authority as industry, health
and safety council at the
national level.
37. There is no provision
entitled as The responsibility
of the workers.
37. On the way of clarifying the

provisions of acts, there is a separate
provision under section 331 entitled
as The responsibility of the workers.
38. There is no separate

provision for the
functional/applied conduct with
38. Under section 332 entitled as

Conduct with women workers it is
stated that no one in that
women in the workplace.
establishment shall behave with

women workers as though it is a
discourteous conduct, indecent or it
is contrary to the deference and
modesty of a women.It is a new
provision adjusted with governments
new regulation.
39. Though it is stated in every

consented/approved policy and
regulations that there is no
difference between the wage
rate for work of male and
female workers, nevertheless
this issue is not clearly stated
in a separate provision in the
existing labour laws.
39. In the light of ILO Convention-100,

confirmed by Bangladesh regarding
the basic rights and in the context of
all approved policy of the country,
there is a separate provision under
section-345 entitled as equal
payment of wages for equal quantity
of work.
40. There is no separate

provision to inform the acts
and provisions of labour laws,
through training; to the
workers and employers of an
establishment in the current
labour law.
40. To ensure healthy industrial

relations and advancement of
industrialization it is very much
important to know the provisions of
laws and regulations with proper
explanation.
41. In the existing Factory Act,

1965 in respect of restrictions
of employment of young
persons on dangerous
machineries; there is no
separate provision entitled as
disclosing the list of highly
dangerous type of work.
41. Under sub-section 3 of section 40

it is stated that No adolescents shall
be appointed in any kind of work
which will be announced from time to
time, through gazetteer notification
by the government as highly
dangerous work.
42. In the existing Factory Act,

1965, under the title Drinking
Water, there is no provision
for Oral Rehydration Therapy.
42. Under sub-section (4) of section

58 it is stated that if dehydration
occurs due to close working position
to an excessive heat generating
machine, Oral Rehydration Therapy
shall be provided with.
It can be informed to them through

proper training with this view under
section 348 there is a provision for
training of both employers and
workers on the law related issues.
43. Under the existing

provision entitled as
Precautions in case of fire, it
is not mandatory to arrange
fire drill.
43. Under sub-section (8) of section

62, it is stated as follows;Factories
where 50 or more workers and
officials are employed, fire drill
should be arranged at least once a
year and it should be registered as
per regulation.
44. In the existing act, the

maintenance of floor, stairs,
and inside passages is not
stated clearly.
44. To clarify the issue under subsection of section72 it is stated as

follows:Each and every floor,
passage and stairs shall be kept
clean, wide and free.
45.In the existing labour act,

there is no provision for
incorporation of compulsory
group insurance for workers.
45. To ensure social safety under

section 99 there is a provision for
introducing group insurance scheme
like the followings:In those
organizations where at least 200
workers are working, there group
insurance can be introduced as per
the provision of the Government .
46. In the existing Minimum

Wage Ordinance -1961. there is
no clear provision for
determining the necessity of
minimum wage and reed fining
wage level at regular interval
for any industrial
establishment
46. Understanding the necessity of

determining minimum wages for
workers of different industrial sectors
under private ownership, there is a
provision to clarify this issue under
diction 139(1). At the end of this
action there is an explanation of this
issue as the following:Explanation:
Government can consider the issue of
determining minimum wage for the
workers of that industry as per the
application of both employer and
worker of that particular industry,
Under section139 there is a new
provision under sub-section (6):
The settled minimum wages for the
worker of an establishment as per the
regulation of govt. shall be redefined
or rescheduled in every five year.
47. There is no provision for

establishing national trade
47. For establishing a national trade

union federation under subsection (5)
union federation or registration

of it .
of section 200 there is new[10].
Whether the changes brings any benefit to the labour

The initial labour law text dates back to 1969. All relevant laws are now included
in one document. On the whole, this new legislation constitutes a progress with
regards to the previous legal framework. Improvements include the extension of
maternity leave from 12 to 16 weeks, and the facilitation to create trade unions
in specific sectors. Also, all prosecutions for offences in the Labour Code 2006
must now take place in the Labour Court rather than in the Magistrates Courts
as before and the court should follow the Criminal Procedure Code (section
313(1)). Complaints can be lodged either by an inspector [Section 319(5) allows
an inspector to lodge a complaint to the Labour Court with regard to
commission of any offence] or an aggrieved person or trade union but they
must be done so within six months of the commission of the offence (section
313(2). However, several actors pointed to the fact that the new labour law is
still weak on many issues. On Working hours for example, the legislation is weak:
it fixes the working hours of a worker to a maximum of 10 hours a day, but
specifies that exception may be allowed in general or in particular for any
establishment with the conditional permission.
WORKING CONDITIONS
WAGES
Chapter 10 of the new labour law deals with the provisions related to the wages
of the labour. Wages include the following items as per section 120 of the new
labour law: Any bonus payable or any other additional wages as per the terms
and conditions of the employment; Any remuneration payable during leave,
holiday and overtime; Any amount payable against the order of the court or
against the award of arbitrator; Any amount payable to the worker against out of
the contract between the owner and the worker after the employment is expired
by dismissal, discharge, retrenchment, or termination; Any amount payable due
to lay off or temporary suspension. The new law has also provided a list of
exclusion in section 2(45) to exclude the following accounts head from the term
wages:
Expense of housing facilities like lighting facilities, water supply, medical

or any other facilities;
Owners contribution to the provident fund of the worker;
Traveling allowances or concessions thereof;
Any other sum paid to worker to cover any special expenses entailed to
her/him by the nature of the employment.
But, as per different decisions of the courts of Bangladesh, the following items
are also treated as part of the wages of a worker: Any amount payable to the
worker by the order of the court or the award of the arbitrator shall be treated as
the wages; Overtime allowance shall be treated as wages; Compensation on
retrenchment (on ground of redundancy) shall be treated as wages; Allowance
during lay-off or temporary suspension shall be treated as wages; Increment
shall be treated as wages; Compensation at the expiry of the employment by any
means like dismissal, discharge or otherwise shall be treated as wages; Gratuity
on discharge or any other gratuity shall be treated as wages; House rent
allowances shall be treated as wages; 5 Wages during leaves or holidays shall be
treated as wages.
Changes in the present law:
1. Previous law excluded the gratuity on discharge from the wages of a worker
but the new law includes it as part of the wages.
2. The word gratuity was never defined anywhere in the earlier labour law but
the new
law defines it properly in section 2 (10) where it is defined as the amount of the
wages of
at least 30 days payable to a worker who worked in a factory not less than 6
months at the
expiry of her/his employment.
3. Previous law provided only the exclusion list with the definition of the wages
but the
present law provides both the inclusion and exclusion lists to make a complete
sense.
4. Provident fund is considered to be the wages and is payable within 30 days of
the expiry of the employment.
Persons responsible for the payment of wages Provisions of the new
labour law:
Under the new law the following persons shall be responsible for the payment of
the wages of the worker. Owner of the factory; Chief Executive Officer (CEO) of
the company; Manager/person assigned responsibility by the company; The
Contractor, for payment to workers appointed by the Contractor.
In case of the failure of the contractor to pay the wages to the worker, the
principal owner shall pay the same and subsequently it can be adjusted with the
accounts of the contractor.
Fixation of wage periods and time of payment of wages Provisions of
the new labour law:
The person responsible for the payment of wages of the worker shall fix a period
of wages and accordingly pay it as per the time given in the law. Section 122
guides the paymaster to fix a period not exceeding 30 days and section 123
provides that payment shall be made within seven working days of the expiry of
a wage period.
There is a big change. In previous law, where there is less than 1000 workers
employed, the employer had to pay before the expiry of the 7th day from the
end of the wage period and in the railway or any other factory or industry , the
employer had to pay before the expiry of the 10 th day from the end of the wage
period. 6
Deductions from the wages Provisions of the new labour law:
Section 125 of the labour law 2006 deals with the deductions made from the
wages of the
workers. Following are the deductions valid under the present law:
1. Fines under section 25 (section 25, however, states that no fine shall be
allowed more
than one-tenth of the total wages receivables by a worker in a particular wage
period and
no fine for a worker aged below 15);
2. Deductions for absence from duty;
3. Deduction for damage or loss of goods entrusted upon the worker in her/his
custody;
4. Deduction for house accommodation supplied by the employer;
5. Deduction for such amenities or services supplied by the employer as the
government has authorized;
6. Deduction for recovery of advances or for adjustment of overpayments;
7. Deduction for Income tax payable by the worker;
8. Deduction for subscription to and for repayment of advances from the
provident fund
9. Deduction for the payment to the co-operative societies approved by the
government.
Up to these 9 points the new law remains exactly the same as section 7 of the
earlier Payment of Wages Act 1936, but the new law added more deductions like
the following:
Deductions for the subscription of CBA Union in check-off method; Deduction for
any welfare fund formed by the employer and authorized by the Government.
Grievance procedure in case of illegal deductions or delay in payment
Provisions of the new labour law:
Application by the worker her/himself or her/his successor in case of her/his
death; Application to the labour court only; Application within 12 months from
the date of such illegal deduction or the date of the payment being due, but the
court can take it even after the expiry of the said period; Up to 25% as
compensation on the wages due at that time may be ordered; No court fee is
payable by the aggrieved worker; rather, if the worker wins the case it is the
owner who shall reimburse the payable court fees; Single application on behalf of
all the workers so aggrieved. 7
Changes in the present Law:
At present, the Chairman of the Labour Courts is only eligible to hear the cases;
Previously, the limitation period was only six months, now it is twelve months. 8
WORKING HOURS AND LEAVES
Daily hours Provisions of the new labour code:
Section 100 makes a provision of 8 working hours a day for an adult worker, but
an adult worker may work 10 hours a day provided all the conditions of section
108 have been fulfilled. According to that section, the employer is required to
pay the worker, overtime, double the rate of her/his usual wages. i.e. basic &
dearness allowance, if any. The employer is also required to maintain an
overtime register as per the law.
Daily hours has been reduced to 8 hours-a-day from previous 9 hours-a-day
Interval for rest and meal* Provisions of the new labour code:
Interval for rest is provided in the following manner:
1. One hour interval for rest or meal for six hours of work;
2. Half an hour interval for rest or meal for 5 hours of work.
Changes in the present law: No change has been made.
Weekly hours**
Provisions of the new labour code:
The new law makes a provision of total 48 (forty eight) working hours for a
worker, but it can be extended up to sixty hours, subject to the payment of
overtime allowances as per section 108 of the law. However, an average of 56
working hours per week in a year for a labour must not be exceeded under any
circumstances. But the new law makes a provision for exemption approved by
the government if it thinks so fit.
Changes in present law:
Exemption clause has been inserted in the new law, by which the government is
empowered to exempt any of the factories for the purpose of this rule for a
maximum period of six months at a time.
Weekly Holiday***
Section 103 of the new labour code makes the provision of one day weekly
holiday for all the workers employed in a factory.
* Section 101 of the Labour Law, 2006
** Section 102 of the Labour Law, 2006
*** Section 103 of the Labour Law, 2006
Changes in the new law: No change.

PAID ANNUAL LEAVE
Annual leave with wage
Section 117 of the new labour law deals with the provisions for annual leave with
wages. The section provides as follows:
1) Each worker, who has completed one year of continuous service in a factory,
shall be
allowed during the subsequent period of twelve months leave with wages for a
number
of days calculated at the rate of
i) for adult workers, one day for every 18 (eighteen) days of work performed by
her/him
during the previous twelve months;
ii) For adolescent worker, one day for every 15 (fifteen) days of work performed
by her/him during the previous twelve months.
2) An adult worker shall cease to earn any such leave when the leave due to
her/him
amounts to 40 (forty) days and an adolescent worker shall cease to earn the said
leave
when the leave due to her/him amounts to 60 (sixty) days.
Festival holiday*
1) Every worker shall be entitled to eleven days festival-leave for every calendar
year. The employer shall, at the beginning of the year, fix the day and date of
such leaves.
2) The employer may require any worker to work on a festival holiday provided
that two
days additional compensatory holidays with full pay and one alternative holiday
should
be given to her/him under section 103.
Festival holiday has been increased by a day in the new labour law 2006.
Casual leave
Section 115 of the new labour law deals with the provisions for casual leave of a
worker. It makes a provision for 10 days casual leave with full wages.
Sick leave **
* Section 118 of the Labour Law, 2006
** Section 116 of the Labour Law, 2006
All workers employed in a factory shall be entitled to get 14 (fourteen) days sick
leave with full average wages. Provided, such a leave shall not be granted unless
a Registered Physician employed by the employer or any other Registered
Physician has certified her/his illness.
Earlier laws provided for the same period of leave with half average wages,
whereas, the new law makes provisions for the sick leave to be one with full
average wages. The requirement for certification by a Registered Physician does
not exist in the earlier laws. However, it has been added to the new law.
EMPLOYMENT OF FEMALE

There are a number of sections where the employment and protection of women
have been discussed. The sections are 45, 50, 79, 87, 94, 109, 332 and 345 of
the new labour law, 2006.
Night-shift work of female workers: Section 109 of the labour law, 2006
creates a bar on the night works of the female workers. The section states as
follows: No female worker shall be engaged for work in any establishment
without her consent between 10 pm and 6 am.
MATERNITY BENEFITS
Maternity leave
In section 46 of the new labour law 2006 provisions have been created for
maternity leave of 16 weeks (8 weeks before and 8 weeks after the delivery). But
the law also makes a provision that no worker shall be entitled to receive the
benefit unless she has served under the owner for a minimum period of six
months prior to the notice of the probability of the delivery.
Provisions of the previous labour laws: Section 3 of the Maternity Benefits
Act, 1939 provides maternity leave of 12 weeks (6 weeks before and 6 weeks
after the delivery).
The new law increases the maternity leaves to sixteen weeks from twelve weeks
and decreases the duration of the qualifying service period for availing the
benefit to six months from 9 months. Also, no maternity benefit shall be
payable to any woman if at the time of her confinement she has two or more
surviving children.
Procedure of payment of the maternity benefit
Provisions of the new labour code: Three options are open to the mothers as
per section 47 of the new labour law:
1. The owner shall pay the total benefits payable for the preceding 8 weeks
within 3 days
from the submission of the certificate of the probability of delivery (childbirth) by
a Registered Physician and shall pay the remaining amount after three working
days of the
submission of the proof-of-delivery.
2. The owner shall pay the benefits payable for the preceding 8 weeks including
the day of the delivery within 3 days from the submission of the proof of delivery
and pay the
remaining within the next eight weeks after the proof of delivery is submitted
3. The owner shall pay all the benefits payable within 3 days from the submission
of the
proof-of-delivery to the owner.
Provisions of the previous labour laws: Previously the procedure was guided
by the Maternity Benefits Act. 1939. Section 5 of the aforesaid Act provided more
stringent payment procedure as there was the provision of payment within 48
hours after the certificate from any physician was submitted, whether there
remains any working day or not.
Changes have been made in favor of the management, as the management is
required to pay the benefit within three working days. As per the earlier law, it
was binding upon the management to pay the benefit within 48 hours only.
Amount of the Maternity Benefits
As per sections 48 of the new labour code there is a provision of the payment in
terms of daily, weekly or monthly, as and where applicable, average wages. The
section also provides the formulae for the calculation of the aforesaid average
wages as follows:
Benefits in case of the death of mother****
The person nominated by the mother who died, or in the case where no such
person is nominated, her legal representative, shall be entitled to receive the
benefits as described above.
Changes brought by the new law: No change has been made.
* Daily Average Wages
** Weekly Average Wages
*** Monthly Average Wages
**** Section 49 of the Labour Law, 2006
EMPLOYMENT OF ADOLESCENT
Prohibition of employment of children and adolescent
Section 34 of the new labour law creates a bar on the appointment of children in
any
establishment. The section states as follows:
No child shall be required or allowed to work in any factory.
Adolescent workers to carry token: An adolescent who has completed

fourteen years of age shall not be required or allowed to work in a factory
unless:
1. A certificate of fitness granted to her/him under section 68 is in the custody of

the
manager of the factory;
2. Such adolescent carries a token giving a reference to such certificate while
he is at
work;
3. Nothing in this section shall be applicable to an adolescent employed in any
occupation or in a factory as an apprentice for vocational training;
4. If the Government considers appropriate, it may as well waive the
enforcement of the
pre-conditions of the employment of an adolescent for a particular period.
Child : In the present law child means a person who has not yet completed his
fourteen years of age.
Adolescent: Adolescent means a person who has completed her/his fourteen
years but has not completed her/his eighteen years of age.
In the earlier laws, the term child was used to mean a person who had not
completed 16 years of age and the term Young Person was used to mean and
include both the child and adolescent. Under the earlier law, even a child could
have obtained a fitness certificate to get a job in a factory. But in the new law,
child means a person who has completed her/his fourteen years of age and
adolescent means the person who has completed sixteen years and has not
completed eighteen years of age. The present law specifically prohibits
employment of children and makes a provision for fitness certificates for the
adolescent only.
Exception : A child who has completed twelve years of age, may be employed
in such light work as not to endanger his health and development or interfere
with his education.
Provided that the hours of work of such child, where he is school going, shall be
so arranged that they do not interfere with his school attendance. (as per section
44)
Certificate of fitness
Section 37 of the new labour law requires an adolescent to obtain a fitness
certificate to be employed in any occupation or in a factory.
A registered medical practitioner shall, on the application of an adolescent

or her/his
parent or guardian accompanied by a document signed by the manager of a

factory that
13 such person will be employed therein if certified to be fit for the work he or
she has
proposed to be employed for, issue a certificate of fitness.
Such certificate shall be valid only for the subsequent 12 months.
The employer shall pay the fees for obtaining such certificate and the fees
cannot be realized from the parents or guardians of the worker.
Working hours of adolescent

Section 41 of the new labour law deals with provisions relating to the working
hours of the adolescent. As per the section following points are important and
relevant for the RMG industry.
No adolescent shall be allowed or required to work 5 hours a day and 30

hours a week
No adolescent shall be allowed or required to work between the hours

from 7 pm to 7 am
In every factory, the work of an adolescent shall be limited up to two shifts

and no such
shift shall be more than 7 and a half hours
An adolescent can only be appointed in a single relay and such relay shall
be changed
only with the prior approval of the inspector for once in a month.
Restriction of appointment of adolescent in certain work
Section 39, 40 and 42 of the new labour law reports some activities for which the
employment of the adolescent is strictly prohibited. As per the above mentioned
sections, the employment of the adolescent are strictly restricted for the
following activities:
Cleaning of the machinery while it is in motion.
Lubrication or for other adjustment operation of the machinery while it is

in motion.
Any work in-between the moving parts of a machine.
Any work under ground or under water.
EMPLOYMENT
Employer
Definition in New Labour Law:
The Term Employer is defined in section 2, Subsection (XLIX), previously the term
was defined in different law for different purposes like for payment of wages, for
Employment, for Factories and for Shops and establishment. But the new law
provides a single definition to cover all the purposes. As per the above section
any person in relation to an establishment who employs workers therein and
includes:
An heir, Successor, Assignees, Guardian or legal representative of such

persons
Manager or the person responsible for the management and control of the
establishment
The authority appointed by the government or the head of the Ministry or

division concerned for the State owned establishment
Officer appointed for the purposes or where no such authority is appointed

the CEO of the Local authority for the establishment run by the local
authority.
For any other establishment, the Owner of the establishment and every
director, Manager, Secretary or the agent of such persons
The person in occupation of the establishment or the person in ultimate

control of the establishment
Forced labour
Forced labour is strictly prohibited by the Constitution of the Peoples Republic of
Bangladesh. Therefore, any Law approving forced labour is Void ab initio as per
the constitutional framework of legislation in Bangladesh. Article 34 of the
Constitution of the Peoples Republic of Bangladesh stated as follows:
-All forms of Forced Labour are prohibited and any contravention of this
provision shall be an offence and shall be punishable in accordance with the
Law
Again, the two ILO fundamental rights Conventions (nos. 29 and 105) also
addresses the abolition of forced labour, and Bangladesh has ratified these two
conventions long time ago. But, this constitutional guideline is still ignored in the
new Labour Law as the Law has not defined the word forced labour in it and has
not provided for the punishment and procedure thereof. 15 Therefore, forcing the
worker to work in a factory for days together continuously by the factory owners
against their intention should be strictly prohibited and law should address this
issue as per our Constitution and ratified ILO Conventions.
Discrimination
Any discriminatory behavior on the basis of sex, color and creed is totally
prohibited in any law in Bangladesh. Articles 27 and 28 have provided a guideline
to the legislator to make the discrimination free environment in every walk of
national life. Section 345 of the new labour law is, however, noteworthy in this
connection. The section is stated as follows: In determination of the wages for a
worker or in fixation of the minimum wages equality irrespective of the sex of the
worker, shall be maintained. No discrimination in this regard shall be tolerated by
law. Article 27 of the Constitution is stated as follows:
-All citizens are equal before Law and are entitled to equal protection of Law
Article 28 of the Constitution is stated as follows:
-The State shall not discriminate against any citizen on the grounds of
religion, race, caste, sex or place of birth.
Therefore, discrimination on the grounds of any of the above issues is prohibited
in the country.
Service rules
Section 3 of the new labour law allows an industrial establishment to make a
service rule
pursuant to the labour laws of the land.
Provisions of the previous labour laws: Section 3 of the Employment of
Labour (Standing Orders) Act, 1965 has the same provisions as above.
Changes brought by the new law: No change has been made.
Comments: Framing of the service rules by an employer is not mandatory, but if
these are made, they must comply with the relevant laws.
Appointment Letter and ID Card

Provisions of the new labour code:Section 5 of the new Labour Law 2006
provides that each and every worker should be given appointment letter and ID
card by their employer free of charge.
Provisions of the previous labour laws: Previously there was no such law.
Only the Newspaper Employees (Conditions of Services) Act, 1974 and The Road
Transport Workers Ordinance of 1983 made the provision of the appointment
letter for their employees.
Comments: Rules are yet to-be-made to provide with a form of the appointment
letter or ID card but from the earlier two Laws the following should be there in
the appointment letter: employees name, fathers name, mothers name,
spouses name and address, date of appointment, type of employment and
conditions of the employment.
Service book
Provisions of the new labour code: The law provides for a separate section
i.e. Section 8 of the law for the entries of the service book of a labour. As per the
section following entries shall be there in the service book of a labourer:
Employees name, spouses name , mothers and fathers name and

address
Date of birth
Mark of recognition
Previous owner and her/his address if applicable
Duration of the employment
Occupation or designation
Wages and allowances
Leaves availed
Conduct of the worker
Provisions of the previous labour laws: Employment of Labour (Standing

Orders) Act 1965 does not provide any provisions related to this. Only the
provisions for the maintenance of the service book were available in the
Employment (Record of Services) Act 1952 and Employment (Record of Services)
Rules 1957.
Changes brought by the new law:
No significant changes are there in the provisions for the service book in the new
law. But the new law makes it mandatory for the service book to be signed by
both the worker and the employer. The law provides for a list of information to
be maintained in the service book of each labour.
Classification of workers
Provision of the new labour code:
Section 4 of the new labour code of 2006 classifies the workers into following
classes: 17
a) Apprentices
b) Badlies (transfer workers)
c) Casuals
d) Temporary
e) Probationer and
f) Permanent
These terms of classification have been properly defined in the present
legislation
Apprentice: A worker who is appointed in an establishment as a trainee and
during the period of training he is paid an allowance is called an apprentice.
Badlies (transfer workers): A worker who is employed for the period of absence
of a permanent or probationer worker.
Casual: A worker who is employed on casual basis.
Temporary: A worker who is employed purely for a temporary nature of work.
Probationer: A worker who is employed on probation for a fix time with a view
to fill up a permanent vacancy.
Permanent: A worker who is employed to fill up a permanent post or when a
probationer completes her/his probation period in an establishment.
Probationary period
Period of probation:
Six months for the worker employed in clerical activities
Three months for other workers.
If the employment of a probationer expires during the probation and if the

same person is re-employed under the same employer within next three
years of such employment shall be treated as a probationer and the

previous period of probation shall be calculated with in new period.
If a permanent worker starts a new job as a probationer, then during that

period of probation he can be shifted to her/his permanent post during the
subsequent period of probation.

There is no change in the classification of labour. But in the calculation of the
period of
probation, the earlier laws included all the leaves and strikes and lockouts during
that period which the new law has ignored and refrained from specific provisions
in this regard.
Calculation of continuous service
Section 14 of the new labour law provides for the method of the calculation of
the continuous service period of a labour for the purpose of this law in the
following manner:
If the actual number of the working days of a worker is 240 during the
previous twelve calendar months he or she shall be deemed to be worked
for a continuous period of one year.
If the actual number of the working days in the previous twelve calendar
months is 120 days s/he shall be deemed to be employed there for a
continuous period of six months.
For counting continuous service, the following issues will come under
consideration:
Days the worker was laid off;
Days of leave with or without wages due to accident or illness;
Non-working days due to legal strike or illegal lock out;
Days on maternity leave for a female worker.

No significant change has been noticed in this purpose except for the inclusion of
the number of days not-working due to legal strike or illegal lockout. And for
calculation of six months of continuous employment the number of actual
working days is 120, which was previously 140.
Payment of wages for un-availed leave*
In case of the expiry of the specific employment of any worker by way of

discharge, dismissal, termination, retrenchment or retirement, if there remains
any un-availed leave of the aforesaid worker, he or she shall be entitled to get
the wages of those days so un-availed.
Actually this was also in previous law under section 5 (4) of SO Act 1965 .
* Section 11 of Labour Law, 2006
Provident Funds for workers:
Provisions of the new labour law
Section 264 of the Labor Law 2006, provided for an establishment of a Provident
Fund if so demanded by the three fourths of the total workers employed in a
factory. The section also provided for the following:
1. It may constitute for the benefits of the worker in the private sector.
2. Such provident fund shall be constituted prescribed by the rules.
3. The Government may make rules for constitution of provident fund.
4. Such Provident Fund shall be held and administered by a Board of Trustee.
5. Such Board of Trustee shall consist of an equal number of representatives of
the
employer and workers employed in the establishment, and a person nominated
by the
Government shall be its Chairman.
6. Representative will be nominated by the employer and collective bargaining
agent.
7. The above nomination shall be under the supervision of the Director of Labour.
8. All the representatives shall hold office for a period of two years.
9. A permanent worker shall subscribe to the fund not less than seven percent
and not more than eight percent from his basic wage unless otherwise mutually
agreed.
10. In the case of provident fund one fourth of total workers will claim in writing
to their
employer.
11. In order to provide provident fund the employer will establish rules within six
months
and the fund shall start by this period.

12. At least half of the total accumulations shall be invested for the purpose of
any of the
following, namely:
a) I.C.B. Mutual Fund Certificates.
b) I.C. B. Unit certificates and
c) Government securities including Defence and Postal Saving Certificates
13. The cost of maintenance shall be borne by the employer.
14. The accounts of provident fund shall be audited.
15. A statement of account together with audit report shall be forwarded to the
director of
Labour within one month of the submission of audit report.
16. Where the government is satisfied, he may by order exempt the
establishment from the operation of this section.
17. A provident fund shall be deemed to be a public institution for the purposes
of the
Provident Funds Act, 1925 (XXIX of 1925).
18. Establishment in private sector means an establishment which is not
managed directly by the Government.
Death benefit**
If any worker died after completing 3 (three) years continuous service with an
employer, the worker shall be entitled to get benefits for 30-days wages for each
completed year or service, or six-months thereof, or gratuity, whichever is
higher. The worker shall get this benefit in addition to her/his other emoluments
during the retirement.
This is also a new addition to the labour law as previously no labour law has
provided for the death benefit except for the Wage Board award for the
Newspaper worker.
Stoppage of work
Section 12 of the new labour law deals with the stoppage of work by the
employer. As per the above-mentioned section following are the points to be
noted:
a) In the event of fire, other catastrophes, breakdown of machinery, epidemics,
or civil
commotion, or any other circumstance beyond her/his control, the employer can
stop the
work of a section or sections of her/his factory.
b) In the event of such stoppage occurring at any time beyond working hours,
the employer shall by issuing a notice in the notice board of the factory inform
the labourers as and when to resume the work and whether the worker is to be
present at that specific place at that time.
c) The notice also mentioned that those who are ordered to be so present, and if
their
presence is required for an hour only, then they may not be entitled to get any
benefit.
** Section 19 of Labour Law, 2006
Right of laid off workers*
Lay off: Failure, refusal or inability of an employer, on account of shortage of
coal, power or raw material or the accumulation of stock or break down of
machinery or for any other reason, to continue the employment to workers
whose names are brought to the muster-roll of the factory. Any worker, whose
name is there in the muster-roll of the factory and who has completed a
continuous period of one year service, if laid off, shall be entitled to get the
benefits of compensation for all the days except for the weekly holidays. A badli
(transfer) worker whose name is brought in the muster roll shall not be treated as
badli for the purpose of the compensation under this chapter.
Compensation during lay off = (Total basic + dearness allowance + ad

hoc wages)/2 +
the house rent he or she would get if not so laid off.
No worker shall get the compensation for more than 45 days in a calendar
year of lay off
If any worker is laid off for 15 days or more after the first 45 days of lay off
in a single calendar year the employer can retrench the worker instead of
lay her/him off.
But, if the lay off extends beyond that 45 days up to a period of 15 more
days, then the labour so laid-off shall be entitled to get benefits at the
following rate:
Compensation during lay-off beyond 45 days = (Total basic + dearness

allowance + adhoc wages)/4 + the house rent he or she would get if not so laidoff.
Retrenchment**
Retrenchment means the expiry of the employment of a worker on the ground
of redundancy. For retrenchment, an employer has to follow the following
provision of the new labour law: No worker, employed in any shop or commercial
or industrial establishment, who has been in continuous service for not less than
one year under an employer shall be retrenched by the employer, unless
(a) The worker has been given one months notice in writing, indicating the
reasons for
retrenchment or the worker has been paid in lieu of such notice, wages for the
period of
notice;
(b) A copy of the notice in respect of the retrenchment has been sent to the Chief
Inspector or any other officer authorized by her/him; and
(c) He has been paid, at the time of retrenchment, compensation which shall be
equivalent to thirty days wages for every completed year of service or for any
part thereof in excess of six months, or gratuity, if any, whichever is higher.
Discharge
Discharge means the expiry of the employment of a worker on the ground of
inability or
incapacity because of ill health. Section 22 of the new labour code deals with the
procedure of discharge. As per the section an employer can discharge a worker
on the basis of the report of a Registered Physician.
Compensation in case of discharge: Every worker who has completed a
continuous service for one year shall be entitled to get a benefit of 30 days
wages for every completed year of service or the gratuity, whichever is higher.
Dismissal

Section 23 of the new labour law deals with the dismissal of the worker on the
ground of misconduct and conviction. The section makes room for the employer
to dismiss a worker without serving her/him a notice or the payment in lieu
thereof for the following two grounds:
If the worker is convicted by any criminal court If her/his misconduct is proved
under section 24 of the labour law 2006. Misconduct, as defined in that section,
is:
Willful insubordination, alone or in combination with others, to any lawful or
reasonable order;
Theft, fraud or dishonesty; Receiving or giving bribes;
Habitual absence, without leave, for more than ten days;
Habitual late-attendance;
Habitual breach of any rule or law applicable to the establishment;
Riotous or disorderly behavior;
Habitual negligence or neglect of work;
Frequent repetition of a work on which fine can be imposed;
Resorting to illegal strike or go slow or instigating others to do so;
Falsifying, tampering the official document of the employer.
The new law makes a provision of lighter punishment in case of the misconduct.
Sub section 2 of section 23 says: Any worker, against whom misconduct has
been charged and proved, may be punished by any of the following punishment
other than dismissal from the job: Removal Demotion to lower grade;
Withholding promotion for at least one year; Withholding increment for an year;
Imposition of fine; Temporary suspension without wages; Censuring and
warning;
Termination
The employer can terminate a worker without assigning any reason whatsoever
except for
dismissal, etc. in the following manner as described in Section 26 of the new
labour law 2006.
For the permanent workers:
1. Serving 120 days notice to the workers employed on the monthly basis.
2. Serving 60 days notice to the other workers.
For the temporary workers:
1. Serving 30 days notice to the workers employed on the monthly basis.
2. Serving 14 days notice to the other employees.
Termination without any notice: The employer can even terminate the
employment of a particular worker without any notice as described in the section
above, if the employer pays the wages to the terminated worker for the aforesaid
period of notice.
Compensation on termination of a permanent worker: When a permanent
worker is terminated she or he shall be entitled to get a benefit of 30 days wage
for every completed year of service in an establishment in addition to the other
benefit payable to her/him.
OCCUPATIONAL HEALTH, SAFETY AND WELFARE
SAFETY
Fire
Present law with regards to fire:
Section 62 deals with the provisions for measures to be taken by a factory to
avoid dangers and damage due to fire. The section provides for the following:
1. At least one alternative exit with staircases connecting all the floors of the
factory
building as described in the rules for each and every factory.
2. No door affording exit can be locked or fastened during the working hours so
that they
can be easily or immediately opened from inside.
3. The doors affording exit must be open outwards, unless it is sliding in nature, if
the door is between two rooms it must open in the direction of the nearest exit.
4. Marking in red letter in proper size, in the language understood by the
majority of the
workers, on such doors, windows or any alternative exit affording means of
escape in
case of fire.
5. There shall be an effective and clearly audible means of fire-warning system to
every
worker.
6. There shall be a free passage-way giving access to each means to escape.
7. Where more than ten workers are employed other than in the ground floor,
there shall be a training for all the workers about the means of escape in case of
fire.
8. There shall be at least one fire-extinction parade and escape-drill at least once
a year in a factory where more than fifty workers are employed.
The new law makes a provision of an alterative staircase affording means

of escape
connecting all the floors
Fire extinguishing and escape parade shall be arranged at least once

every year.
Floors, stairs and means of access

Section 72 of the new labour law deals with the floors, stairs and means of
access. The section states as follows:
1. All floors, staircases, and passages shall be of sound construction and properly
maintained, and if it is necessary to ensure safety, hand-railings shall be
provided with
them.
2. Reasonable safe passageway or access shall be maintained in a place where
employees
work.
3. All the floors, passageways, and staircases shall be maintained in a neat and
clean
manner, wide enough, and free from any blockade.
Excessive Weights
Section 74 of the new labour code states that, no person shall be employed in
any factory to lift, carry or move any load so heavy as to be likely to cause him
injury.
Safety of building and machineries

Section 61 of the labour law 2006 provides for the measures to be taken as
regards the safety measures related to building and machineries. The present
law entrusts everything to be done in this regard with the Inspectors. The section
goes as follows:
1. If it appears to an Inspector that any building or part thereof or any
passageway or
machine of the factory is in such a condition which is injurious for the life and
health of
the workers working therein, the Inspector may issue an order to the owner of
the factory
to take necessary steps immediately within the specified time therein.
2. If the Inspector is of the opinion that the building or any machine is seriously
dangerous for the life of the worker, he shall issue an order to repair or alter that
immediately failing which, to not run the factory unless and until the building is
so repaired or replaced.
Earlier laws didnt empower the Inspector to stop the operation of a factory in a
risky building but the present law has given sufficient discretion on the part of
the Inspectors to take necessary steps so as to ensure building security and the
like.
Fencing of machinery*
1. Factories are required to secure the following parts of machinery in order to
ensure safety of the workers:
26
a. Every moving part of a prime mover and every fly wheel connected to a prime
mover
b. The head-race and tail-race of every water wheel and water turbine
c. Any part of a stock-bar which projects beyond the head stock of a lathe
d. Every part of an electric generator, transmission machinery and other
dangerous
part of any machinery.
2. Fencing must also be done on any other parts (in motion) that contains screw,
bolt and
key on any revolving shaft, spindle wheel or pinion and all spur, toothed friction
gearing,
etc. The fencing is required to prevent these items from harming the workers
coming in
close contact to them.
3. The Government may exempt fencing of the aforesaid objects, if and only if
certain other measures are adopted that will ensure safety of the workers.
4. The Government may prescribe such further precautions to fence certain other
parts of the machineries which are not mentioned above for ensuring safety of
the workers.
Work on or near machinery on motion*
1. In case of examining, adjusting and lubricating part of machinery in motion, it
is required to employ a well-trained adult male worker. The worker must wear
tight-fitted clothing while conducting such jobs and no other person will be
allowed to work on behalf of him during his absence.
2. Women and adolescent are not allowed to do the above-mentioned tasks and
they are not also entitled to work in places between fixed and moving parts of
any machinery in
motion.
3. The Government may prohibit the cleaning, lubricating and adjusting, of any
machinery in motion, by any person.
Explosive or inflammable dust or gas**
1. The following practicable measures must be taken in factories to avoid
explosions caused
by inflammable dust, gas or vapour produced during the manufacturing process:
a) Effective enclosure of the plant or machinery used in the process
b) Removal or prevention of the accumulation of inflammable objects
c) Proper enclosure of all possible sources of ignition.
2. In case of the impossibility of placing a strong enclosure for the abovementioned sources of inflammable objects, provisions of chokes, baffles, vent or
other effective appliances have to be kept.
3. Enclosed parts of the plant that contain potentially explosive materials shall
only be
opened if certain required precautionary measures are met:
a) Stop valves should be used to stop flow of gaseous objects in pipelines before
working on any joint of that pipeline.
b) Practicable measures should be taken to reduce pressure inside the pipeline
before
working on joints of that pipeline
c) Entrance of inflammable gases or vapours, into the pipeline through the joints
that
are to be worked on, must be carefully prevented.
4. Operation that requires actions of heat, such as welding, brazing, soldering or
cutting,
shall not be conducted in a factory that contains or previously contained
inflammable
objects without taking appropriate safety measures.
Precautions against dangerous fumes*
1. No person shall be allowed to enter potentially hazardous chambers,
containing
dangerous fumes, such as tank, vat, pit, pipe, flue or confined spaces if there is
not any
manhole of adequate size.
2. No portable light of voltage exceeding 24 volts shall be permitted to use inside
places
mentioned above.
3. No person shall be allowed to enter the places mentioned above until the
following
measures are taken:
a. A certificate in writing has to be given by a competent person stating that the
space is free from dangerous fumes and is fit for persons to enter.
b. It has to be ensured that the worker wears a suitable breathing apparatus and
a belt
securely attached to a rope before going into any confined space.
4. No person shall be allowed to enter the places mentioned above for the
purpose of
working or making any examination before sufficiently cooling the places down
by
ventilation.
5. Suitable breathing apparatus, reviving apparatus and belts and ropes shall be
kept ready beside the confined space for instant use. Other workers must also be
trained and
proficient in the use of all such apparatus.
Personal protective equipment
There are several sections in the new law where the personal protection of the
worker has been discussed. Section 75 deals with the protection of eyes.
Effective screens or suitable goggles shall be provided for the protection of
persons eye where there is a risk:
Of injury to eyes from particles or fragments thrown off in the course of the
processing
To the eyes, by reason of exposure to excessive light or heat.
Section 79 also makes a provision of personal protection, sub-section (d) and (e)
stated as
follows:
(d) Providing for the protection of all persons employed in the operation or in the
vicinity of the places where it is carried on, and
(e) Providing notice about the hazardous chemical to the workers.
Risk assessment and prevention
There are several sections in the new labour code regarding the assessment of
risk and prevention thereof. Section 40 and 79 of the new labour law made
provisions for the government to asses certain occupation. The sections state as
follows:
(a) The government shall, by notification in the official gazette, provide a list of
the
dangerous machines and risky operations for the adolescent workers (Section
40[3])
(b) The workers employed in such machines and/or operations shall be
sufficiently trained and supervised
(c) The Government shall identify and provide a list of dangerous operations
(section 79)
Powers of inspectors on certain matters:
i) Power to require any measures as to the safety of building and
machinery:
The inspector may serve an order specifying the measures which should
be adopted or an order prohibiting its use until it has been properly
repaired. (s. 61)
The Chief Inspector may permit the continued use of machine on such
conditions for ensuring safety as he may think fit to impose. (s. 66)
The Chief Inspector may permit the continued use of a hoist or lift installed
in a factory
upon such conditions for ensuring safety as he may think fit to impose. (s. 69
(7)).
The Inspector may serve on the employer an order in writing requiring him
to furnish drawings, specifications and other particulars as may be
necessary to determine whether such buildings, ways, machinery or plant
can be used safely and to carry out such tests as may be necessary to
determine the strength or quality of nay specified parts and to inform the
Inspectors of the results thereof. (s. 76).
ii) Power to require measures as to the precautions in case of fire:
The inspector may serve an order specifying the measures which should
be adopted
before a date specified in the order.( s.62 )

iii) Notice to be given to the Inspectors:
When any accident occurs in an establishment causing loss of life or bodily

injury, the employer of the establishment shall give notice of the
occurrence to the Inspector within two working days. ( s. 80)
Where in an establishment any dangerous occurrence occurs whether

causing any bodily injury or not the employer of the establishment shall
send a notice to the Inspector within three working days. ( s. 81 )
Where any worker contacts any disease , the employer or the worker
concerned or any
person authorized by him shall send notice to the Inspector.( s. 82)

iv) Power to take samples:
An Inspector may at any time take a sufficient sample of any substance

used or intended
to be used in the establishment such use being , in the opinion of him in

contravention of
the provisions of this Act or likely to cause bodily injury to the health of workers.
( s.84 )
Where the Inspector takes such sample, he shall divide the sample into
three portions and effectively seal and suitably mark them and shall
permit the employer to add his own seal and mark thereon.
If the Inspectors requires the employer shall provide the appliances for
dividing, sealing
and marking the sample.
The inspector shall give one portion of the sample to the employer , send
the second
portion to a Government analyst and report thereon and retain the third portion
for
production to the Court.
v) Power of Inspectors in case of certain dangers;
If, it appears to the Inspectors that any establishment or any part thereof
or with the
control, management or direction thereof, is dangerous to human life or safety or

defective, so as to threaten to the bodily injury of any person, he may give notice
in
writing to the employer in respect of which he considers the establishment or the
thing or
practice, to be dangerous or defective and require the same to be remedies
within such
time and in such manner as he may specify in the notice.
The Inspector may, by order in writing direct the employer prohibiting the
extraction or
reduction of pillars in any part of such establishments.
The Inspector may by an order in writing prohibit the employer if he thinks

that there is urgent and immediate danger to the life.
The employer if is aggrieved by the order may, within ten days of the
receipt of the order appeal against the same to the Chief Inspector who
may confirm , modify or cancel the order.
The inspector making an order report the same to the Government and
shall inform the employer concerned that such report has been so made.
The Chief Inspector shall report to the Government any order, except the
order of
cancellation passed by him and shall also inform the employer concerned that
such report
has been so made.
WELFARE
First aid appliances
Section 89 of the new labour law provided the following:
1. First Aid boxes or cupboard equipped with the contents prescribed by rules
should be
provided in every establishments
2. A well equipped first aid box or cabinet for every 150 labour
3. A person, who has to be always available in the factory, trained in first aid
knowledge
assigned for every first aid box
4. Notice regarding the availability of that person in every working room and a
special
badge issued for that person
5. An ambulance and a well-equipped dispensary for every 300 workers
employed in a
factory.

The facility of ambulance and dispensary has to be provided by the owners of the
factories in which at least 300 workers are employed. Previously, this facility was
required for factories with a minimum of 500 workers.
Washing facilities
Section 91 of Bangladesh Labour Law, 2006 provides for the washing facilities for
workers in a factory. But the new law is exactly the same as the earlier Factories
Act 1965. Rules regarding the washing facilities are yet to be made. The number
of taps in the workplace was fixed in the earlier laws as per the following
schedule:
1. One tap for every 15 worker who are coming into close contact of noxious
substances
2. Workers who are not working with noxious substances shall be entitled to get
the
following facilities:
Canteens
Section 92 of the new labour law provides a canteen for every 100 workers as
opposed to the earlier Factories Act which provided a canteen for every 250
workers.
Changes brought by the new law:
Number of workers per canteen has been decreased to ensure better canteen
facility. All other provisions related to the management and quality of the
services and food in the canteen remains unchanged.
Shelters/ rest rooms and lunch rooms
Section 93 of the new labour code makes a provision of a rest room for every 50
or more workers and a separate rest room for the female workers numbering
over 25. But if the number of female workers is below 25 then the factory
management shall manage a curtain in the same rest room to create a separate
resting space for the female workers.
Taken from Factory Rules, 1979.
Required minimum number of workers for a rest room has been decreased to 50
from 100 and a separate rest room provision for female workers came into being
in the new law.
Rooms for children*
The new law has made a provision of a childrens room for every 40 female
workers with
children below 6 years of age. The room is required to be of such an area so that
it can provide 600 square centimeters (previously it was 20 sft) of space for each
child and the minimum height of such room shall not be less than 360
centimeters.
Required minimum number of the female workers, with children below 6 years of
age, has been decreased to 40 from 50, for a childrens room in a factory.
HEALTH AND HYGIENE
Cleanliness
Section 51 of the new labour law deals with the provisions of cleanliness. It is
exactly the same as section 12 of the earlier Factories Act, 1965. The law
provides for the following:
1. Every factory shall be kept clean and free from effluvia arising out of any
drain, privy, or any other nuisance in the following manner:
a) Accumulation of dirt and refuge shall be moved daily by sweeping from floors
and benches of workrooms, staircases and passages;
b) The floors of every work room shall be cleaned by washing at least once in a
week using disinfectant;
c) Effective drainage shall be provided and maintained where the floor is liable to
become wet in course of any manufacturing process to such extent as is capable
of
drainage;
d) All inside walls and partitions, all ceilings or tops of the rooms and walls, side
and
top of the passageways and staircase shall be-
* Section 94 of Labour Law, 2006 repainted or re-varnished at least once in every

five years from when they are painted or varnished cleaned at least once in
every fourteen month where they are painted and varnished and have smooth
impervious surfaces. kept whitewashed or color washed at least once in every
fourteen months
2. A register shall be maintained in every factory for all the required activities as
described in the clause (d) above.
Drinking water
Section 58(1) of the new labour law provides for an effective arrangement of
sufficient supply of wholesome drinking water conveniently located at suitable
point for all workers. The section further provides for the following
(2) The word Drinking water shall be legibly marked on the place;
(3) Cooling the drinking water in a factory during the hot weather where more
than
250 workers are employed;
(4) Oral Re-hydration Therapy for the workers, working close to the machine
producing excessive heat.
A number of changes are there in the new legislation in this regard:
The Factories Act 1965 made a provision that the drinking water cannot be
located in any place within 20 feet of distance of latrines, urinals, or
washing-places, but the new law has directed for a place convenient to all.
Oral re-hydration therapy has been instructed for installation for the
employees working close to machines producing excessive heat.
Overcrowding
Section 56(1) of the labour law 2006 makes provisions for required spaces for a
single worker employed in a factory. Following are the points important in this
regard.
(2) 9.5 (Nine and half) cubic metres of space for every single worker in a factory;
For calculating the dimension of the aforementioned-space, ignore the height
beyond 4.25 meter;
(3) The Factory shall post a notice in each workroom, specifying the maximum
number of workers who can be employed therein as per the above calculation, if
the Inspectors so
require;
(4) The Inspector can exempt any workroom of any factory from the compliance
of this rule if satisfied that for the health of the worker it is not necessary.
No noteworthy change is there except for the conversion of the measurement of
space in the metric system from the existing British system.
Lighting
Section 57(1) of the new labour law provides for the arrangement of sufficient
and suitable lighting of natural or artificial or both. The section further provides
for the following:
(2) Glazed windows or skylights shall be kept clean on both the pouter and inner
surface free from obstructions;
(3) Provisions shall be made
(a) to prevent glare either directly from any source of light or by reflection from a
smoothened or polished surface;
(b) Provisions shall be made for the prevention of the formation of shadow to
such extent
as to cause eye strain or risk of accident to any worker.
Latrines and urinals
Section 59 of the new labour law makes the provisions of the latrines and urinals
for the workers employed in a particular factory. The section provides for the
following:
a) Sufficient number of latrines and urinals located at convenient places and
accessible to all the workers
b) Separate arrangements for male and female workers
c) Properly illuminated and ventilated and sufficient supplied with water at all
times
d) Clean and sanitary condition be maintained by detergents or disinfectants or

with
both
Dust bins and spittoons
Section 60 of the present law deals with the provisions of dustbins and spittoons.
The sections provides for the following:
1. Every factory shall provide sufficient number of dustbins and spittoons at
convenient
places in clean and hygienic conditions
2. No person shall spit or litter except in the spittoon or bins, kept and
maintained forthis purpose
3. A notice shall be posted at every conspicuous places for the workers to the
effect that
Spitting or littering in contravention of clause 2 is a punishable offence.
Changes in the present law: Previously the provision was only for the
spittoons; however, now it is paraphrased as Spittoons and Dustbins to include
littering as well. The earlier laws made the provision of a Taka 2 fine for the
violation of the spitting rules which is eliminated in the new law and only a notice
has been provided for to that effect.
INDUSTRIAL RELATIONS
Unfair Labour Practices from the Part of the Employers
Section 195 of the new labour law, 2006 provides a list of conducts or activities,
which
tantamount to unfair labour practices from the part of the employer. Following
are the actions in brief:
Imposition of any condition in a contract of employment seeking to

restrain the right of a person to join a trade union or to continue her/his
membership of a trade union.
Refusal to employ or refusal to continue to employ on the ground that a

person is, or is
not a member or officer of a trade union.
Discrimination against any person in regard to any employment,

promotion or condition
of employment on the ground that such person is or is not the member or officer
of trade
union.
Discharge or dismissal of any person on the ground that the person is or is

not the
member or officer of a specific trade union.
Instigating or seeking a person to be the member of a particular trade

union.
Inducing a person to refrain from becoming, or to cease to be a member or

officer of a trade-union.
Compelling any officer of the CBA to sign a memorandum of settlement by

intimidation or by coercion
Interfering with or in any way influence the balloting provided for the
election of the CBA.
Recruitment of new workman during the currency of a legal strike.

The new law makes the list of the activities of unfair labour practices much
longer. In the earlier laws there were eight different activities which had been
termed as unfair labour practices. In the new law, however, there are 12 different
activities of the employer that are termed as unfair labour practices.Following
are the additional four activities of the employer that can be termed as the unfair
labour practices from now on:
1. Willful failure in implementing the recommendation of the participation
committee
2. Failure to respond to any communication made by the CBA as regards to any
industrial
dispute
3. Transfer of the President, General Secretary, Organizing Secretary and
Treasurer of a
trade union
4. Imposition of an illegal lock-out and continuance thereof and persuading a
person to
participate in that.
Unfair Labour Practices from the Part of the Workmen

Section 196 of the new labour law deals with the provisions of unfair labour
practices from the part of the labour. Following activities of the labour constitute
the unfair labour practice from the part of the labour:
Persuading a workman to join or refrain from joining a trade union during

the working hours
Intimidating any person to become or refrain from becoming a member or

officer of a trade union
Inducing any person to become or refrain from becoming a member or

officer of a trade union
Compelling or making any attempt to compel an employer to sign a

memorandum of settlement by using intimidation
Compelling or making any attempt to compel any workmen to pay or

refrain from paying any subscription towards the fund of the trade union.

In the earlier laws there were six activities of the labour that were considered to
be unfair labour practices. But the new law extended the purview of unfair labour
practices. Following are the addition to the list of unfair labour practices from the
part of the workmen:
1. Imposing illegal strike or go slow or persuading thereto
2. Gherao or blokcade on the highways or destruction of the property including
transport
and vehicles.
Determination of the Collective Bargaining Agent (CBA)
Section 202 of the new labour code deals with the provisions relating to the
determination of Collective Bargaining Agents (CBA). The Law provides for the
following procedure:
1. Where there is only one trade union, that trade union shall be taken as the
Collective
Bargaining Agent (CBA) for that establishment
2. Where there are more than one trade union in an establishment , the Registrar
shall take necessary steps to elect the Collective Bargaining Agent, upon the
application of any of the trade unions having members of more than one third of
the total workers employed in the establishment
3. Upon the receipt of the application as above the Registrar shall, by notice in
writing,
communicate to all the trade unions as to whether they would want to contest
for the
secret ballot for their representation in the CBA or not giving a time limit of
fifteen day
4. If a trade union fails to indicate within the time specified in the notice, its
desire to be a
contestant in the secret ballot, it shall be presumed that it shall not be a
contestant in such
a ballot/poll
5. Every employer shall
(a) On being so required by the Registrar, submit to the Registrar a list of all
workers
employed in the establishment, excluding those whose period of employment in
the establishment is less than three months or workers with records of
insubordination and negligence-to-duty
(b) Provide such facilities for verification of the list submitted by her/him as the
Registrar may require.
6. On receipt of the list of workers from the employer, the Registrar shall send a
copy of the list to each of the contesting trade unions and shall also affix a copy
thereof in a
conspicuous place of her/his office and another copy of the list in a conspicuous
place of
the establishment
7. The objection, if any, received by the Registrar within the specified time shall
be disposed of by her/him after such enquiry as he deems necessary
8. The Registrar shall make such amendments, alterations or modifications in the
list of
workers submitted by the employer as may be required by any decision given by
her/him
on objections received under previous sub-section
9. After amendments, alterations or modifications, if any, made under above subsection or where no objections are received by the Registrar within the specified
time, the Registrar shall prepare a list of workers employed in the establishment
concerned and send copies thereof to the employer and the contesting trade
unions at least four days prior to the date fixed for the poll
10. The list prepared under the aforesaid sub-section shall be deemed to be the
list of voters and every person whose name appears in the list shall be entitled to
vote to elect the Collective Bargaining Agent
11. Every employer shall provide for such facilities as are required by the
Registrar to
conduct the poll
12. No person shall canvas for vote within a radius of fifty yards of the polling
station
13. For the purpose of holding the secret ballot to determine the CBA, the
Registrar shall do the following:
a. Fix a date and intimate the same to the contesting trade unions and the
employer
b. Set the sealed ballot boxes, which are sealed in presence of the representative
of
each of the contesting trade unions if any one present
c. Conduct the poll in the polling stations where the representative of the
contesting
trade unions shall have the right to enter
d. Count the votes in presence of the representative of the contesting trade
unions if
anybody is present
e. Declare the result and the name of the elected Collective Bargaining Agent.
14. Where a registered trade union is declared as the Collective Bargaining Agent
according
to the above rules, no such application for the determination of the CBA shall be
entertained within the subsequent two years.
The Right of the Collective Bargaining Agent
The Collective Bargaining Agent in relation to an establishment or group of

establishments shall be entitled toi. Undertake collective bargaining with the employer or the employers on matters
connected with the employment, non employment or terms of employment
ii. Represent all or any of the workmen in any proceedings
iii. Give notice of and declare a strike in accordance with provisions of the law
iv. Nominate representatives of workmen on any committee, fund constituted as
per the provisions of law or agreements.
1. The previous law required a trade union for being a CBA to consists of at least
one-third of workers as its member, even if it is the only trade union in the
establishment but the new law has made a direct provision that if there remains
only a single trade union, then that shall be treated as the Collective Bargaining
Agent
2. The registration of the trade union which acquires less than 10% of vote in a
poll for
determination of CBA shall stand cancelled forthwith
3. The new law provides for a right to the Collective Bargaining Agent (CBA), in
addition to the right of representation of the workers in a proceedings, the right
of litigation for and on behalf of the one or all of the workers under this Act
4.5 Participation Committee
Section 205 of the new labour code deals with the provisions of the Participation
Committee as follows:
1. The owner of a factory, where more than fifty permanent workers are
employed, shall
form a Participation Committee as per the rules made by the law in this behalf
2. That Committee shall be formed in combination of both the workers and
employers
3. The representation of the workers shall not be less than that of the employer
4. Workers in the committee shall be selected on the basis of the selection of the
trade
unions
5. All other trade Unions, except for the CBA, shall select their representatives
equally; the number of representative of the CBA shall be one member more
than the total numbers of representative selected by the other trade unions
6. The workers representatives shall be selected in accordance with the rules,
where there is no trade union in the organization.
7. Where there is a separate unit in an organization with at least 50 workers

employed
therein, as per the recommendation of the Participation Committee of the
establishment, a
unit Participation Committee can be formed there, as per the rules in this behalf
8. The unit Participation Committee shall be formed with the participation of the
workers
employed in that unit and the representative of the employers there.
Functions of the Participation Committee*
The functions of the Participation Committee shall be to inculcate and develop a
sense of
belongingness and workers commitment and in particular:
To endeavor to promote mutual trust, understanding and co operation

between the
employer and the workmen
To ensure application of labour laws
To foster a sense of discipline and to improve and maintain safety,

occupational health and working condition
To encourage vocational training, workers education, and family welfare

training
To adopt measures for improvement of welfare services for the workers

and their families
To fulfill production target, reduce production cost, and wastes and raise
quality of
products.
1. Sub section (5) of the section 205 clearly determines the relationship between
the number of representatives from the Collective Bargaining Agent and the
other trade unions in the Participation Committee, as per the sub-sections
mentioned above:
The number of the representative of the Collective Bargaining Agent
Number of
the representative of all the trade unions + 1
The earlier laws didnt mention any such relation between the representatives of
the groups.
2. As regard to the function of the participation committee there is no change in
the new
law.
Meetings of the Participation Committee
Section 207 deals with procedure of the meetings of the Participation Committee
to realize all or any of the functions of the participation committee. As per the
section
The Participation Committee shall meet at least once in every two months
to discuss and exchange views and recommend measures for the
performance of the functions under section 206.
The proceeding of each such meeting shall be forwarded to the Director of

Labour and the Conciliator within seven days of meeting.

Implementation of the Recommendation of the Participation
Committee*
The employer and the trade union shall take necessary steps to implement
the specific recommendations of the Participation Committee within the
time specified therein
Should the employer or the trade union fail to implement the measures
suggested by the Participation Committee, it shall forthwith communicate
the matter to the respective committee and take every possible step to
implement it as early as possible.
Changes in the new law:
Although the meeting procedure is exactly the same as the earlier law, it makes
a provision of the implementation of the recommendations of the committee
within the time period provided by the committee itself. Otherwise, willful
negligence will be treated as unfair labour practices.
Trade Unions
Special definition of worker for the purpose of industrial relation:
For the purpose of the industrial relations the word worker means and includes
every worker as defined under section 2(65), and any labour who is laid off,
retrenched , discharged or dismissed or otherwise terminated for which an
industrial dispute has been arisen. But it doesnt include any security staff like
guards and fire fighter or any confidential assistant etc.
Trade union and freedom of associations:
Section 176 of the new labour code deals with the provisions related to trade
union and freedom of association:
Fundamentally to control the relation between workers and workers,

Workers and
employers or employers and employers, without distinction whatsoever, shall

have the
right to establish and join the union of their choice subject to the constitution of
the
respective trade union
Basically to control the relation between workers and workers, Workers

and employers or employers and employers, without distinction
whatsoever, shall have the right to establish and join the union of their
choice subject to the constitution of the respective association
The employers and the workmen shall have the right to form a federation
of their trade Unions and they can also affiliate that federation with any
international federation or confederation of trade unions
The trade unions and the associations of the employers shall have the
freedom to adopt any constitution as per their choice/requirement.

Application for Registration and Required Documents for Registration
Section 177 and 178 deals with the procedure for the registration of the trade
unions
Section 176 states that any trade union can Application for its registration to the
registrar of the trade unions of the respective zone under the signature of the
President and Secretary of the respective trade unions. Section 178 of the new
labour code provides a list of documents, required, for the registration of the
trade unions:
The Name and Head Office of the trade unions
The date of formation of the trade union
The Names, Age, Occupation and designation of the executive committee

members of the union
Description of all subscribed members
The Name of the Establishment to which it is related and the total number
of workers in that establishment
In case of a federation of a trade union, the names and addresses of the

members of
the union
Three copies of the constitution of the Union and the resolution of the
meeting in
which the constitution is proposed and accepted
A resolution of the meeting empowering the Secretary and President of the

union for the registration of the union
In case of federation the acceptance letter of the member union to

become the member of the proposed federation.
Industrial Dispute
Section 2(62) of the new labour code defines the term Industrial Dispute. As per
the section, any distance and difference between workers and workers, Workers
and employers or employers and employers as regards the employment, non
employment or terms of employment of workers has been termed as an
industrial dispute.Then Chapter 14 of the Labour law 2006 deals elaborately with
the procedure of raising industrial dispute and settlement thereof. Following are
the provisions relating to industrial dispute in the present Law:
Raising of Industrial Dispute
No industrial dispute shall be treated as being existent unless it is validly raised

by the
employers or the Collective Bargaining Agents as per the provisions of the law.
Settlement of Industrial Dispute*
Section 210 of the present law deals the procedure as the following:
1. If at any time any employer or the Collective Bargaining Agent finds any
dispute is
likely to arise, it shall communicate the other party in writing
2. The recipient of the above-mentioned communication shall take initiative to
arrange
a negotiation within fifteen days of the receipt of the communication.
Negotiation
The proceedings under the above arrangement between two parties shall be
treated as
negotiation and if they are to produce a positive solution to the disputed issues,
a
settlement deed shall be executed and be sealed and signed by both the
parties. A copy of
the settlement deed shall be forwarded to the Government and the Conciliator
thereupon.
Conciliation
If the above mentioned negotiation fails, then it shall be forwarded to the
Conciliator for
the process of conciliation.
1. If the dispute is settled through conciliation the Conciliator shall report it to the
government along with the settlement deed
2. The conciliation shall be treated as to have failed, if it cannot reach any
conclusion even after 30 days of initiation. Provided it can be extended beyond
the
period if both the parties agree in writing
3. If it fails the conciliator shall try to manage the parties in dispute to refer the
matter to an arbitrator
4. If the parties disagree about the Arbitration the conciliator shall issue a
certificate
that the conciliation has failed.
Arbitration
When both the parties agree to refer the dispute to an Arbitrator then the matter
shall be
forwarded by the conciliator to the concerned Arbitrator (chosen by both the
parties). The
relevant procedure is as follows:
1. An arbitrator shall be a person from the list made and maintain by the
government
in this regard or any person mutually agreed upon by the parties
2. Arbitrator shall make an award within thirty days or within any Period,
mutually
agreed upon after the matter is received
3. The Arbitrator shall provide a copy of the award to the parties and to the
government as well
4. No appeal shall lie against the award of the Arbitrator
5. The award shall be valid for a term not more than two years.
Strike and Lock Out
Section 211 of the new labour code deals with the provisions of the strike and
lock-out in
an industry and other establishments. The relevant procedure is as follows:
1. The party raising the industrial dispute, within a period of fifteen days of the
receipt of
the certificate of failure from the conciliator shall serve a written notice of Strike
or lock
out whatever is applicable, and the party also mention the date of
commencement of the
aforesaid strike or lock out within 7 to 14 days of serving such notice or the party
raising the dispute may file a case to the labour court, on the matter
2. No such notice of strike shall be issued by the CBA unless a secret ballot is
held in this
behalf under the supervision of the Conciliator and three fourth of the members
of the CBA opted for the strike
3. When the strike or Lock-out has already commenced, then any party can go to
the
labour court for the settlement of dispute
4. The Government can stop any strike or lock-out if it continues up to a period of
30
days, provided the government can stop it before the expiry of the above period,
if it
believes that it is expedient for public interest.
In earlier laws there were provisions of joint application to the labour court by
both parties at any stage of the commencement or before the commencement of
the strike or lock-out, but in present law this provision has been removed.
Labour Court:
Formation of court under the New Labour Law:
Section 214 of the labour law 2006 deals with the formation of the Labour
Court, as per that section, the labour court shall consist of a chairman and
two members to advise him.
But for the trial of any offence under section 215 or for the trial of any
matter of chapter X and XII the court shall consist of the chairman only. S
214(3)
A running District Judge or an Additional District Judge shall be appointed

by the government as the chairman of the labour court. S 214(4)
Members shall be the representatives of both the employers and workers

respectively. S 214 (6)
Jurisdiction Under the New Labour Law:

Following are the Jurisdiction of the Labour Court:
To adjudicate and determine industrial dispute
Enquire and adjudicate any matter relating to implementation or violation

of any settlement referred by the government
Try offences under this Act.
Any others function conferred upon or assigned by the Labour law 2006 or
by any other law
Procedure of the Labour Court:

Procedure in case of the trial of any offence:
The Labour court shall follow the summary procedure of the code of
Criminal procedure as described in chapter XXXV of the aforesaid Act and
for this purpose the court shall be deemed to be a criminal court.
The Labour court in trial of an offence shall be treated as a court of a

Magistrate first class but in case of imposing penalty it shall have the
jurisdiction of a Court of Session. S 215
Procedure in case of Other Matter:

In adjudicating any other matter other than the trial of an offence it shall be
treated as a civil court
Changes in the Present Law:
As per section 313 of the Labour law 2006, No Magistrate court can try the
offences under this Act. But previously Magistrate could try the offences.
Another big change is brought about in determining limitation in taking

cognizance of offence in section 314 of the labour law 2006. As per that
section no labour court shall take cognizance of any offences after six
months of the date of the offences alleged to have been committed
Major labour rights violations still found

Despite recent improvements described above, the mission, through factory
visits and interviews with various actors confirmed that major labour rights
violations are still found in Bangladesh factories, including:
No freedom of association: although unions exist as federations, they are de
facto prohibited at the factory level; participation committees, where they exist,
consist of workers appointed by the management while they should be chosen
by the workers;
No living wage: the legal minimum wage, where implemented, is insufficient to
cover basic needs; wages are paid with delay and overtime is often not paid in
accordance with the law;
No access to remedies;
Excessive working hours, inappropriate maternity leave and benefits,

harassment, blocked exits, etc[11].
At a view-exchange meeting at Dhaka Reporters Unity auditorium, she said a
total of 80 Decent workers would be deprived of its benefit as agricultural and
domestic workers have been kept out of its purview.
As per the new law, working hour in factories will be 10 hours which go against
the ILO rules.
For instance, the maternity leave has been extended to 16 weeks from 12 weeks,
but the way it has been fixed before and after giving birth to a child. It would not
let the female workers to enjoy the leave according to their needs, the said.
Besides, the amount of compensation fixed for the workers in the law is not time
worthy and it should be re-fixed at Tk 3-5 lakh.
The bill was passed in parliament at a time when the industrial belts in the
capltal and its suburbs were witnessing violent labour unrests for wage hike.
The Anti-labour provisions and numerous inconqruities of the law, passed
hurriedly in parliament, will give rise to further unrest, said top leaders of labour
fronts.
The law keeps the Labour Cort with no authority to get its verdict executed, he
said. The whole trick of deprivina and repressing the workmen lies in making
the labour court virtuallv a toothless institution in implementing the law.
The labour court, as per the new law, can only determine and declare fine of the
offenders and due wages of the workmen but cannot. Ensure them, he said.
Section 133 of the law provides that any due wages of a workman declared by a
labour court shall be recoverable as a Public Demand Recovery (PDR) at a district
level civil court. It implies a perennial legal fight for a poor workman year after
year to get his due wages. On the other hand, any compensation unpaid by the
factory owners, will be exactable in the manner land revenue is collected.
So, the question remains unanswered as to who is going to recover the PDR and
land revenue for a workman,
If an aggrieved labourer has to go to a certificate court to recover his
compensation and due wages, the labour court remains a quasi court, said Dr
Shahdeen Malik, a lawyer of the High Court.
A fundamental flaw of the act is that the labour court is not empowered to realize
compensation and wages and execute penalty, said Barrister Tanjib_ul Alam.
Another major flaw is that the court has no specifically laid down execution
procedure.
The law has been passed hurriedly keeping the labour fronts in the darkness. It
limits the emplovees from taking part in trade union activities as it provides that
there can be only one labour union in an entire industrial area,
One of the fundamental aims of framina the labour law afresh annulling 27 old
ones was to have a modern law. But unfortunately, it has been another outdated
law flawed with absence of adequate instruments to ensure weifare of the
labourers, said legal experts.
Section 283 of the new law provides for three months jail or a fine of Tk 5,000 or
both for unjustly lay-off, discharging, dismissing or removing a workman from the
job.
Reducing imprisonment in the new law to three months from six months in the
previous law a trick to keep the owners on the safe side in the event of doing
injustice to workmen, said advocate zafrul Hasan Sharif.
The provision for alternative punishment, a fine of Tk 5,000 in place of
imprisonment of various terms in different sections of the law, makes the
punishment provision trickily weak keeping scope for exemption of the offenders.
A workman will not be entitled to any compensation in the event of on-the-job
death if three years of service is not completed.
To the Government of Bangladesh
Immediately lift the state of emergency and restore fundamental rights
guaranteed in the Constitution;
Ensure adequate implementation of international covenants ratified by
Bangladesh, and submit initial report to the UN Committee on Economic, Social
and Cultural Rights (CESCR);
Ratify ILO conventions, among which the following deserve to be recognized a
high level of priority: ILO (n155) Occupational Safety and Health Convention,
1981; ILO (n161) Occupational Health Services Convention, 1985, and ILO
(n187) Promotional Framework for Occupational Safety and Health Convention,
2006;
Ensure effective and impartial labour administration; increase effectiveness of
Labour inspections and Labour courts, notably by allocating adequate resources
for their proper functioning;
Revise and increase the minimum wage so as to ensure it covers basic needs;
Ensure that garment villages projects do not have adverse impacts on the
enjoyment of human rights and in particular on womens rights;
Ensure that investment agreements do not contain provisions that may have a
negative impact on the enjoyment of human rights in Bangladesh.
Obligations and Remedies

To pay the workers all necessary wages (S. 121 of new labor law 2006). Owner of
the factory, Chief Executive Officer (CEO), Manager/person assigned
responsibility by the company, The contractor, for payment to workers appointed
by the Contractor. Up to 25 % as compensation on the wages due at that time
may be ordered (S.134). A single application may be presented to the labor court
under S. 132 on behalf or in respect of any number of workers belonging to the
same unpaid. To fix a period not exceeding 30 days and under S. 123 the
payment shall be made within seven days of the expiry of the wage period.
(s.122).Ditto Ditto No deductions shall be made from the wages of a worker
except those authorized (S. 125). The employer Ditto Ditto Not to pay below the
minimum rate of wages (S. 149). The employer Any employer who pays shall be
punishable with imprisonment for a period up to one year or with fine up to five
thousand Taka or with both (S.289). Ditto To give notice and claim within two
years of the accident or in the case of death of labor (157). The labor. No
compensation. No claim for compensation shall be entertained by a Labor Court
unless the notice is given after the happening thereof (S.157). Not to disclose
any information relating to manufacturing or commercial secret (S. 304 ).The
employer and the worker. Shall be punishable with imprisonment up to six
months or with fine up to ten thousand taka or with both. Application to the
Labor Court.47
Obligation Who is responsible Remedies Procedure to avail the
remedies
Not to bound any worker to work more than eight hours (S. 100). The employer.
Shall be entitled to allowance at the rate of twice his ordinary rate of basic wage
( S. 108.) Through the register and inspector (S.319 (5).To allow interval for rest
or meal for the worker (S. 101). The employer. If the employer does not comply
with this section, he will be punished with imprisonment up to three months, or
with fine which may extend to one thousand Taka, or with both. Application to
the labor court only. Single application on behalf of all the workers so aggrieved.
To allow one day weekly holiday for all the workers employed in a factory ( S. 103
). The employer. Compensatory holidays of equal number of holidays so deprived
(s.103 ) . Ditto To allow the worker annual leave with the wages (S.117). The
employer. If this kind of leaves are not enjoyed the employer must add these
leaves with next years leave. The worker can Apply to the labor court if these
provisions have not been com-lied with by the employer. To allow the worker the
festival leave (S. 118 ). The employer. Failing which the worker will get a
compensatory holiday of 2 days with full pay and a substitute holiday is given to
her/him under S. 103. The worker can Apply to the labor court if these provisions
have not been com-lied with by the employer. To allow casual leave with full
wages for the workers (S. 115). The employer No remedy Not Applicable To allow
the workers14 days sick leave with full average wages (S.115). The employer
The worker can realize the wages receivables during the continuance of illness
with dearness allowances an others The worker will Apply for the sick leave with
a medical certificate, if denied he can Apply to the labor court against the
employer. 48
Obligation The person responsible Remedy Procedure
To allow maternity leave of 16 weeks for the mother ( S. 45 ). The employer If
any employer contravenes, he shall be punished with the fine
which may
extend to five thousand taka (S. 286). The worker can Apply to the labor court if
these provisions have not been complied with by the employer. To pay the
maternity benefit to the worker (s. 46) The employer Ditto Serve notice either
orally or in writing to her employer that she expects to be confined within eight
weeks next following and may therein nominate a person for purposes of
receiving payment of maternity benefit in case of her death. To pay the worker
the maternity benefit in case of a womens death (S. 49). The employ Ditto
Ditto Not to work in lieu of any cash or kind during the permitted period of
absence by the employer (S. 287). The worker Shall be punishable with fine up
to one thousand taka. Not available in the law, Rule may provide for
subsequently Not to permit any children or adolescent to work in any occupation
or establishment (S. 34). The employer Whoever employs or permits any child or
adolescent to work shall be punishable with fine which may extend to five
thousand Taka (S. 284). Application to the Labor Court.Not to make any
agreement, to allow the service of the child to be utilized in any employment (S.
35 ). Parent or Guardian Whoever Contravenes of this law shall be punishable
with fine which may extend to one thousand taka. Application to the Labor Court.
To submit the certificate of fitness (S. 37). The adolescent worker. Penalty for
using false certificate of fitness is punishment with the imprisonment for up to
three months or fine up to one thousand taka or with both. Application to the
LaborCourt.
Obligation The person Remedy Procedure responsible
Not to allow the adolescent in certain work ( S. 39 ) The employer Whoever
employs any child or adolescent to work in contravention of any provision of this
Act, shall be punishable with the fine which may extend to five thousand Taka
( S. 284 .) Application to the Labor Court. Not to be employed the adolescent on
dangerous machine (S.40). The Employer If such contravention results in loss of
life the employer shall be imprisoned up to four years or up to one lakh Taka fine
or both, if it results in seriously bodily injury he shall be imprisoned up to two
years or up to ten thousand taka fine or both or if such contravention causes
injury or danger to workers the employer shall be imprisoned up to six months or
up to two thousand taka fine or both ( S. 309 ). Any Court imposing a sentence of
fine passed under this section may when passing judgment order the whole or
any part of the fine recovered to be paid as compensation to the person injured ,
or in the case of his death to his legal representative To issue an appointment
letter and an identity card with photograph (S. 5) to every worker. The employer
To issue and punishment or Fine as well under S. 307. The Chief Inspector or if
authorized by him in this behalf , any other officer subordinate to him , ma lodge
complaint with the Labor Courts for action.(Section 319 (5) To Maintain a service
book for every worker (S.6). The employer Ditto Ditto To entry in the service book
and signed by both the employer and worker ( S. 8 ). The worker and the
employer Ditto Ditto To pay the workers the wages for unavailed leave. The
employer wages Application by the worker.
Application to the Labor Court only. To allow the workers Death benefit ( S.
19). The employer 30 days wages for each completed year or service, or
six months thereof, or gratuity, whichever is higher in addition to her/ his
other emoluments during the retirement.Application by the worker her/him
self or her/his successor in case of her/his death.
Application to the labor court only. Application by the worker her/him self
or her/his 50 successor in case of her/his death.

To maintain the Master-roll for the laid- off workers (S. 17). The employer
Compensation during lay off = (Total basic + dearness allowance + ad hoc
wages)/2 +the house rent he or she would get if not so laid of. If denied he can
apply to the labor court with that against that denier To allow the compensation
in case of Discharge wage to the worker. The employer 30 days wages for every
completed year of service or the gratuity, whichever is higher. Every worker who
has completed a continuous service for one year can apply to the labor court and
shall be entitled to get the benefit. To allow retrenchment wage to the worker.
The employer Compensation equivalent to 30 days wages for every completed
year of service or for any part thereof in excess of six months,or gratuity, if any,
whichever is greater. Every worker who has completed a continuous service for
one year can apply to the labor court and shall be entitled to get the benefit.To
give one months notice to the worker in writing, indicating the reasons for
retrenchment. The employer Unless in lieu of such notice, wages for the period of
notice is given to the worker the retrenchment will be ineffective. Ditto To give
notice to the worker to dismiss unless he is convicted by any criminal court or
his her misconduct is proved under S. 24 of the labor law 2006.( S. 23). The
employerThe payment in lieu. Ditto To terminate a worker, serving notice to the
workers (S. 27). The employer The wages to the terminated worker for the
aforesaid period of notice. Ditto Not to deprive of worker from the payment of
provident fund ( S. 29 ) The employer Imprisonment for 3 years and also liable to
fine ( S. 298 ). The worker may lodge a complaint to the Labor Court. No Court
fees shall be payable for lodging complaint or appeal under this section (S. 33 ).
To issue the certificate of service at the time of the workers retrenchment,
discharge, dismissal, removal, retirement or termination of service (S. 31). The
employer To have the certificate issued by the employer Ditto. To send notice of
certain disease of
worker ( S. 82 ) The employer or the worker
concerned or any person authorized by him in this behalf. Imprisonment up to
three months or up to one thousand taka or both ( s. 307). The Chief Inspector or
if authorized by him in this behalf , any other officer subordinate to him , may
lodge complaint with the Labor Courts for action.(Section 319 (5) To provide
alternative exit to avoid dangers and damage due to fire. (S. 62). The Employer If
any injury is caused to any worker because of the use of such equipment,
machinery or building, the employer shall be liable to pay compensation to the
worker injured at a rate which may be double the rate of compensation payable
for such injury .The worker may apply to the labor court if these provisions have
not been com-lied with by the employer. To ensure safety measures relating to
building and machineries (S. 61)The employer Ditto Ditto To be precaution
against dangerous fumes The employer Ditto Ditto To Provide suitable goggles
for the protection of the worker (S. 75). The employer Ditto Ditto 52
To maintain a first aid box fro the worker in the factory (in S. 89). The employer If
the employer does not comply with this section, he will be punished with
imprisonment up to three months, or with fine which may extend to one
thousand Taka, or with both.
Application to the labor court only.
Single application on behalf of all the workers so aggrieved. To maintain

adequate washing facilities and canteen in all the factory (S. 91 in labor
law 2006). The employer Ditto Ditto. To have a rest room and a children
room for the worker (S. 93). The employer Ditto Ditto. To keep the factory
cleans (S. 51). The employer Ditto Ditto To maintain Oral rehydration
therapy. The employer Ditto Ditto To arrange sufficient free space for the
workers (S. 56). The employer Ditto Ditto To maintain the register for the
worker. The employer Ditto Ditto To maintain the effective arrangement of
sufficient supply of drinking water (S. 58) The employer Ditto Ditto To
maintain the arrangement of sufficient and suitable lightning (S .57). The
employer Ditto Ditto To have sufficient number of latrines and urinals for
the workers (S. 59). The employer Ditto Ditto To maintain sufficient
number of dustbins and spittoons (S. 60).S. 195 deals with unfair
interference about being member of trade union. The employer Whoever
breach this section, shall be punishable with imprisonment for a term up
to two years, or with fine which may extend The aggrieved person shall
Application to the labor court under S. 213 for violation. 53 to ten
thousand taka, or with both under S. 291 (1 )

S. 196 deals with unfair labor practice in relation to trade union The worker
Under S. 291 (2) any worker who fails to comply with it he shall be punishable
with imprisonment for a term which may extend to one year, or with fine which
may extend to five thousand Taka or with both. Ditto To register the Trade Union
and issue a registration certificate
( S. 182 ). The employer Punishment with imprisonment up to six months or fine
up to two thousand taka or both (S. 299). Application to the Labor Court. To issue
Certificate of registration ( S. 189) The Director of Labor. Issue the certificate

within seven days When the director of Labor rejects the application, the trade
Union may Appeal to the Labor Court within 30 days Not to be a member of more
than one trade union (S.193). Worker and employer. Imprisonment up to six
months and fine up to two thousand taka or both (S. 300). Application to the
Labor Court. Not to take part any unlawful strike and lock-out (S. 227). Worker
and employer. Imprisonment of one year or fine with five thousand taka or both
(S. 294). Application to the Labor Court. Not to instigate illegal
strike or lock
out. Worker and employer. Imprisonment for one year fine with five thousand
taka or both (S.295). Application to the Labor Court. Not to take part or instigate
or incites to go slow. Worker Imprisonment for one year or five thousand taka fine
or both (S.296). Application to the Labor Court. To establish the participation fund
and welfare fund (S. 234). The Company. Fine with not more than ten thousand
taka and one thousand taka more in case of failure (S.236) Application to the
Labor Court. Not to produce false statement ( S. 303) Worker and employer. Six
months imprisonment or five thousand taka fine or both. Application to the Labor
Court.[12]
SOME LEADING CASES
In the first labour court of Bangladesh
Complaint Case No.24 of 1974
Majibur Rahman First Party
Versus
A.K.M. Nurul IslamSecond Party,
Present:
Mr. Amanullah KhanChairman.
Mr. M. KarimMember
Mr. M.A. Mannan Member
This is an application under section 25(1)(b) of the Employment of labour
(Standing Orders) Act, 1965.The First Party Majibur Rahman alleges that he has
been a driver of Truck No. DHAKA TA: 577 belonging to the second party Nurul
Islam. He was appointed on 25-12-1972. He has been removed from service on
18-07-1974. From 3 months prior to his removal he had been driving another
truck No. DHAKA TA :2115 also belonging to the second party. He further alleges
that he was never paid wages regularly and was paid only Taka 1,150.00 for the
total period of his service and thus Taka 5,882.00 fell due as arrear wages. He
further claims that the second party also took a loan of Taka 1,000.00 from him
and has not paid it as yet. He now claims arrear wages along with termination
benefits, overtime dues and the amount of loan advanced. According to him, his
last wages had been Taka 375.00 per month.
The second party Nurul Islam submits in his written statement that for
misconduct he dispensed with the service of the first party on 23-11-1973
clearing all his dues. Thereafter, at the request of well-wishers of the First party
he re-employed him on 12-03-1974 at Taka 12.50. per day on no work no pay
basis and finally terminated the services of the first party on 18-07-1974 settling
up all his dues. It is further contended that this case is not maintainable as the
first party is not a worker under the employment of labour (S.O.) Act,1965.I shall
take up the question of maintainability first as this will dispose of the case
without going through the merits of the case on facts as any finding in facts may
prejudice the parties in their future litigation over these facts at any other
forum.A worker has been defined in the Employment of labour (S.O.) Act,1965 in
the following terms: worker means any person including an apprentice
employed in any shop commercial establishment, or industrial establishment to
do any skilled, unskilled, manual, technical, trade promotional or clerical work for
hire or reward, whether the terms of employment be expressed or implied, but
does not include any such person(I) Who is employed mainly in a managerial or administrative capacity; or
(II) Who, being employed in a supervisory capacity exercise, either by nature, of
the duties attached to the office or by reason or power vested in him functions
mainly of managerial or administrative nature.Now let us see if a truck service is
included in either the industrial establishment or commercial
establishment.Industrial establishment, has been defined in the said Act as
follows:Industrial establishment means any workshop or other establishment in
which articles are produced, adapted or manufactured or where the work of
making, altering, repairing, ornamenting, finishing or packing or otherwise
treating any article on or any such other class of establishments, including water
transport vessels or any class there of which the provincial Government may, by
notification in the official gazette, declare to be and industrial establishment for
the purpose of this Act, and includes(I) any tramway or motor omnibus service;
(II) any dock, wharf or jetty;
(III) any mine, quarry, gas-field or oil-field;
(IV) any plantation; or
(V) a factory as defined in the Factories Act,1934.
So a truck service is not included in any industrial establishment. Now let us see
if a truck service falls under the category of commercial establishment which has
been defined in the following terms:Commercial establishment means an
establishment in which the business of advertising, commission or forwarding is
conducted, or which is a commercial agency, and includes a clerical department
of a factory or of any industrial or commercial undertaking, the office
establishment of a person who for the purpose of fulfilling a contest with the
owner of any commercial establishment or industrial establishment employ
workers, a unit of joint stock company, an insurance company, a banking

company or a bank, a broker office or stock exchange, a club, a hotel or a
restaurant or an eating house, a cinema or theatre or such other establishment
or class there of as the provincial Government may, by notification in the official
gazette, declare to be commercial establishment for this Act.
So this definition too does not cover a truck service. The learned advocate for the
first party submits that commercial undertaking in the definition of commercial
establishment will include a truck service. But the words commercial undertaking
has been used there with reference to clerical departments of such commercial
undertaking and not each and every worker of a commercial undertaking. I,
therefore, find that the first party is not worker under the employment of labour
(S.O.) Act.1965 and has no remedy under this Act. This case is not, therefore,
maintainable in this Court. In fact his remedy lies under Road Transport Workers
Ordinance, 1961.
Leading case (high court division):
Md. Idris Khan Petitioner
Versus
Chairman, 1st Labour court
Dhaka & others . Respondents
[Employment of labour (standing orders) Act,1965 (VIII of 1965) S. 2(j)]
A bus can not be called a commercial or industrial establishment.
Having regard to the definition of commercial and Industrial establishment as
contained in the said act, a bus cannot be termed as a commercial or industrial
establishment with in the meaning of section -2 of the act.
(Writ petition No.5 of 1971)
Judgment:
Abdur Rahman chowdhary, I.. this Rule is directed against the judgment and
order dated 14.12.70 passed by the first labour court, Dhaka Facts leading to this
rule in brief are that respondent no-2(herein after called the respondent) filed an
application under section 25(1) of the Employment of laour (standing orders) Act,
1965 (herein after referred to as the Act) on the allegations that he was a
motor driver under the petitioner at a monthly pay of TK.360 from 1965 and his
services were terminated on the ground that he was an active worker of motor
transport Employees union which staged a strike. After the strike was called off,
the respondent went to resume his duty, but he was not allowed to join and he
was verbally dismissed. He sent a grievance petition for re-instantement with all
his legal dues and the petition having been refused, he moved the labour court.
The petitioner contested the said case by filing written statement wherein he
denied the allegations made in the complaint petition and also denied that he
was the owner of the bus or employer of the respondent.
1. The respondent adducted oral evidence, but the petitioner did not adduce
any evidence. One consideration of the evidence on record, the
[Government] consider to be representative organization of such
employers and worker respectively.
2. The members referred to in the proviso to sub-section (1) to represent the
employers connected with and the workers engaged in the industry
concerned shall be appointed after considering nomination if any, of such
organizations as the Government considers to be representative
organization of such employer & workers respectively.
3. The term of office of the members of the Board, the manner of the filling
casual vacancies therein the appointment of its committees if any, the
procedure and conduct of the Board and its committees and all matters
connected therewith including the fees and allowances to be paid for
attending such meeting and other expenses, including expenses for the
services of experts and advisers obtained by the Board, shall be such may
be prescribed by rules made under section 17[14].
Recommendation & Conclusion
Labor problems constituted a serious menace to the society, and needed
solution, if not to eradicate then at least to mitigate them in the very beginning.
Employers paid their sole attention to the maintenance of machines and the
improvement of the technical know how to the utter neglect of the human hands
employed to man the machines because they were readily available and could
be easily replaced. Workers were illiterate and poor and therefore unconscious of
their rights. The socio-economic status of the workers was far below the status of
their employer. As such they could not exercise their free will in negotiating with
the employer for employment. The employer taking advantage of the poor
condition of the workers dictated their own terms and conditions with regard to
wages, hours of work, leave, etc. The workers were left with no choice but to
accept such terms because service was the sole means of earning their
livelihood.
Neither the Government nor the law courts took special notice of these problems
because they laid to much emphasis on the policy of the non-interference and
freedom of contract. Thus, with the lapse of time the situation turned out to be
so worse and the society became so much adversely affected that the
Government was compelled to take some action to remedy these
problems.Ultimately some philanthropic agencies like Servants of India society,
social service league and some industrial social workers raised their voice
against these problems. They were successful in mobilizing the public opinion in
support of their view point. Workers also started to form their own organization
to fight against exploitation at the hands of industrialists. In the beginning the
effort of the workers was not very successful because of their weak bargaining
power and lack of resources on which they could rely for their livelihood in the
absence of wages.
Some employers also realized the seriousness of the problem and the necessity
of mitigating these evils for they affected the production of the industry, they felt
that investment on labour welfare was a policy with pursuing because a
contended worker would produce better yields and would increase the
efficiency.The Government too later on realized the gravity of the problem and
could not remain a spectator for the workers constituted a large section the
society. Moreover, the government had to intervene to settle the disputes in the
interest of national economy and the welfare of the society at large. If some key
industry is thrown out of gear, the whole system is paralyses. Frequent break
downs of even a part of the economic system tend to impoverish the community.
The prevention of industrial strife thus assumes an important role in national
policy and the State, therefore ,cannot afford to remain indifferent to the
problems leading to industrial conflict.
After independence the national government paid much attention to the
improvement of the conditions of labour in industry, for the prosperity of a
country depends upon the development and growth of industry. No industry can
flourish unless there is industrial peace and co-operation. Industrial peace is
possible only with the co-operation of labour and capital. To ensure better cooperation the wage earner who is a partner in the production should be allowed
to have his due share of the profit for increased production. Therefore, we have
to shape our economic policy in such a manner as to give labourer his due status
by offering him reasonable working conditions and due share in production. That
means social justice and social security has to be restored to the labourer. Our
Constitution guarantees social justice to the people of India. Social justice means
achievement of socio-economic objectives. Labour legislation is one of the most
progressive and dynamic instruments for achieving socio-economic progress.
There is no other branch of law which embraces such a wide and effective role
in social engineering and social action. It is here that the industrial law
distinguishes itself rrom other branches of law and awaits the development of
wholly different jurisprudence to explain and expound it[15].
[1] Nirmalendu Dhar, Labour &Industrial Laws of Bangladesh,(Remisi Publishers),

P.8
[2] Wikipedia,[http://www.en.wikipedia.org/wiki/labour_ law, accessed 16 April

2010]
[3] Iqbal Ahmad, Basic labour laws of Bangladesh,p.1.2.
[4] Principal Md. Altaf Hossain,Bangladesh Labour code,2006 with commentary &
case law(Jolly law book center),p.2
[5] Nirmalendu Dhar,Student`s Mate Labour & Industrial laws of Bangladesh,
(Remisi Publishers)p.7-9
[6] Iqbal Ahmad, Basic Labour Laws Of Bangladesh,p.3
[7] Md.Abdul Halim & Masum Saifur Rahman,The Bangladesh Labour
Code,2006(CCB FOUNDATION: LIGHTING THE DARK,2007),P.258-259,S.353
[8] http://www.gtz-progress.org/2008/index2.php
[9] Md.Abdul Halim & Masum Saifur Rahman,The Bangladesh Labour
Code,2006( CCB Foundation:Lighting the dark,2007),p.22-23,s.1(4)
[10]
[11] http://www.politiques socials.net /IMG /pdf/,accessed 15 April 2010
[12] http://www.politiques socials.net /IMG /pdf/,accessed 15 April 2010
[13]Iqbal Ahmad,Basic Labour Laws Of Bangladesh,p.309-311
[14]Prof. A.A .Khan, Bangladesh labour & Industrial Law(Pravati
Prakashani),p.342-343
[15] S.N.Misra,Labour & Industrial Laws(22nd edition,Central Law Publications),p.5

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Most Important Differences between Lock-Out and Lay-Off are

The difference between full time, part time,

Permanent Full Time

Permanent Part Time

Here is an explanation of each employment status:

Permanent Full Time Employee

Long service leave

Period of notice if job is terminated

Permanent Part Time Employee

Long service leave

Period of notice if job is terminated

2 days unpaid carers leave per occasion

2 days compassionate leave per occasion

Community service leave (except paid jury service)

Unpaid parental leave

2 days unpaid adoption leave

A maximum of 38 hours per week, plus reasonable additional hours

After a period of regular employment across 12 months (and if the position

injured. Workers engaged via an agency would also be classified as temporary.

erspective of Labour Law in Bangladesh: Advocate Wasim Khalil

Purpose of labour laws

individual worker is subordinated to the power of management but that the

government of the day which examined 44 labour laws and recommended to

23. The industrial Relations ordinance, 1969(XXII 1969)

Change in Bangladesh Labour

1. There were total 700 sections

1. There was made correction in 25

oobscure and inconsistence and

3.Section 2 (61) defines the

4. Here, total 8 Labour Act

4. According to ILO Convention 138

5. In present, there have

5. To make the contract of the job

6. There have a provision to

husband/wifes name where

applicable after the employees

7. Provide Monetary benefit for

7. According to section-19, there

8.In section-27,it is stated that, by

9.Retire from the service of the

9.When employee become 57 years

10.Final period of payment of

10.There is a new section-30 which

11.Right and amount of the

11.According to the last ILO

Instead of previous nine months, in

12.The employees will inform their

13.Wages for Overtime- Under

13.In section 108 is stated clearly

14.Crook the employer property

14.A section -136 is prepared

15.Compensation for death from

15.To upgrade the compensation

16.In the section-6 of the

16.There is a new provision in the

present IRO-69 have no any

sub-section (3) under section-178abor director or any officer who get

17.It is stated in the section-7(2)

17. It is stated clearly in the section179(5), to discourage buildingt

18. According to sub-section-(1)

18. It is stated in sec-180, sub-sec

19. There has no any provision

19. There is a provision in the subsection (6) of section-182, which

20. It the present IRO-69 have